Bay Area Estate And Tax Planning Law Firm

California requirements for changing a will

On Behalf of | Jul 27, 2022 | Probate And Estate Administration, Wills |

Every state has different requirements for revoking, contesting or changing a will. There is specific information to learn about the process of changing this document in court. Under California’s estate laws, anyone who wishes to change a will has to meet specific requirements.

Revoking a will

A will in California is revoked after being overwritten. A new will takes the old one’s place. Another option is to destroy it physically.

A will is revoked for being invalid. The state sets basic requirements for its validity in estate administration and probate. Its creator must be an adult, of sound mind, written on paper and created in his or her own words.

Contesting a will

Contesting a will is justified if the court discovers a lack of accuracy or integrity. This happens if an error is found after the will is created. A challenge may occur if the executor does not properly execute the will based on its terms. In some cases, the testator is mentally unsound and is forced to make the will under fraudulent circumstances. In rarer cases, the will has been revoked but is still presented as valid.

Changing a will

A will is modified by writing a codicil. Certain parts of whole sections of the will can be changed or revoked. The testator has to show a clear, convincing intent of the reasons for making the changes. The procedure involves creating an amendment, signing it in front of two witnesses and attaching it to the original document.

No one can refuse to acknowledge or administer a will for any reason. The will has to be proven as invalid, according to specific terms under California’s estate laws. Proving a lack of testamentary capacity, an error or fraud are several reasons for invalidating a will.