California Senate Bill SB926 Latest Draft

 BILL NUMBER: SB 926INTRODUCED BILL TEXT INTRODUCED BY Senator Gaines JANUARY 28, 2016 An act to amend Section 6110 of the Probate Code, relating to wills. LEGISLATIVE COUNSEL'S DIGEST SB 926, as introduced, Gaines. Wills: requirements. Existing law requires, except as specified, that a will be in writing and be signed by the testator, or by another person in the testator's presence in the testator's name and at the testator's direction, or by a conservator pursuant to a court order to make a will. Existing law also requires that a will be witnessed by being signed during the testator's lifetime by at least 2 persons, each of whom, being present at the same time, witnessed either the signing of the will or the testator's acknowledgment of the signature or of the will and understands that the instrument they sign is the testator's will, except as specified. This bill would make technical, nonsubstantive changes to these provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 6110 of the Probate Code is amended to read: 6110. (a) Except as provided in this part, a will shall be in writing and satisfy the requirements of this section. (b) The will shall be signed by one of the following: (1) By the testator. (2) In the testator's name by  some other   another  person in the testator's presence and by the testator's direction. (3) By a conservator pursuant to a court order to make a will under Section 2580. (c) (1) Except as provided in paragraph (2), the will shall be witnessed by being signed, during the testator's lifetime, by at least two persons each of whom (A) being present at the same time, witnessed either the signing of the will or the testator's acknowledgment of the signature or of the will and (B) understand   understands  that the instrument  they sign   that he or she signs  is the testator's will. (2) If a will was not executed in compliance with paragraph (1), the will shall be treated as if it was executed in compliance with that paragraph if the proponent of the will establishes by clear and convincing evidence that, at the time the testator signed the will, the testator intended the will to constitute the testator's will.