CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1667Introduced by Assembly Member SantiagoFebruary 22, 2019 An act to amend Section 6111 of the Probate Code, relating to wills. LEGISLATIVE COUNSEL'S DIGESTAB 1667, as introduced, Santiago. Holographic wills.Existing law generally requires a will to be in writing and satisfy specified requirements, including being signed by 2 witnesses. A will that fails to meet those requirements may be valid as a holographic will if the signature and the material provisions are in the handwriting of the testator.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6111 of the Probate Code is amended to read:6111. (a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.(b) If a holographic will does not contain a statement as to the date of its execution and:(1)If and if the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the inconsistency unless the time of its execution is established to be after the date of execution of the other will.(2)(c) If it is established that the testator lacked testamentary capacity at any time during which the holographic will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity.(c)(d) Any statement of testamentary intent contained in a holographic will may be set forth either in the testators own handwriting or as part of a commercially printed form will.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1667Introduced by Assembly Member SantiagoFebruary 22, 2019 An act to amend Section 6111 of the Probate Code, relating to wills. LEGISLATIVE COUNSEL'S DIGESTAB 1667, as introduced, Santiago. Holographic wills.Existing law generally requires a will to be in writing and satisfy specified requirements, including being signed by 2 witnesses. A will that fails to meet those requirements may be valid as a holographic will if the signature and the material provisions are in the handwriting of the testator.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1667
Introduced by Assembly Member SantiagoFebruary 22, 2019
Introduced by Assembly Member Santiago
February 22, 2019
An act to amend Section 6111 of the Probate Code, relating to wills.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1667, as introduced, Santiago. Holographic wills.
Existing law generally requires a will to be in writing and satisfy specified requirements, including being signed by 2 witnesses. A will that fails to meet those requirements may be valid as a holographic will if the signature and the material provisions are in the handwriting of the testator.This bill would make technical, nonsubstantive changes to those provisions.
Existing law generally requires a will to be in writing and satisfy specified requirements, including being signed by 2 witnesses. A will that fails to meet those requirements may be valid as a holographic will if the signature and the material provisions are in the handwriting of the testator.
This bill would make technical, nonsubstantive changes to those provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 6111 of the Probate Code is amended to read:6111. (a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.(b) If a holographic will does not contain a statement as to the date of its execution and:(1)If and if the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the inconsistency unless the time of its execution is established to be after the date of execution of the other will.(2)(c) If it is established that the testator lacked testamentary capacity at any time during which the holographic will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity.(c)(d) Any statement of testamentary intent contained in a holographic will may be set forth either in the testators own handwriting or as part of a commercially printed form will.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 6111 of the Probate Code is amended to read:6111. (a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.(b) If a holographic will does not contain a statement as to the date of its execution and:(1)If and if the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the inconsistency unless the time of its execution is established to be after the date of execution of the other will.(2)(c) If it is established that the testator lacked testamentary capacity at any time during which the holographic will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity.(c)(d) Any statement of testamentary intent contained in a holographic will may be set forth either in the testators own handwriting or as part of a commercially printed form will.
SECTION 1. Section 6111 of the Probate Code is amended to read:
### SECTION 1.
6111. (a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.(b) If a holographic will does not contain a statement as to the date of its execution and:(1)If and if the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the inconsistency unless the time of its execution is established to be after the date of execution of the other will.(2)(c) If it is established that the testator lacked testamentary capacity at any time during which the holographic will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity.(c)(d) Any statement of testamentary intent contained in a holographic will may be set forth either in the testators own handwriting or as part of a commercially printed form will.
6111. (a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.(b) If a holographic will does not contain a statement as to the date of its execution and:(1)If and if the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the inconsistency unless the time of its execution is established to be after the date of execution of the other will.(2)(c) If it is established that the testator lacked testamentary capacity at any time during which the holographic will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity.(c)(d) Any statement of testamentary intent contained in a holographic will may be set forth either in the testators own handwriting or as part of a commercially printed form will.
6111. (a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.(b) If a holographic will does not contain a statement as to the date of its execution and:(1)If and if the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the inconsistency unless the time of its execution is established to be after the date of execution of the other will.(2)(c) If it is established that the testator lacked testamentary capacity at any time during which the holographic will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity.(c)(d) Any statement of testamentary intent contained in a holographic will may be set forth either in the testators own handwriting or as part of a commercially printed form will.
6111. (a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.
(b) If a holographic will does not contain a statement as to the date of its execution and:
(1)If and if the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the inconsistency unless the time of its execution is established to be after the date of execution of the other will.
(2)
(c) If it is established that the testator lacked testamentary capacity at any time during which the holographic will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity.
(c)
(d) Any statement of testamentary intent contained in a holographic will may be set forth either in the testators own handwriting or as part of a commercially printed form will.