There are many reasons to have a will, including the ability to name the guardians for minor children and provide for them financially, distribute assets to preferred beneficiaries who may not have otherwise been eligible to receive property, and designating an executor to carry out the terms of the will and final wishes.
In order to create a valid California will, a person:
· Must be 18 years of age or older
· Must be of sound mind at the time the will is executed
· Must understand the contents and provisions of the will
· Must sign the will and have it witnessed by at least two people, who must also sign an affidavit attesting to the person’s mental capacity and valid signature. If a testator is physically unable to sign, he or she may designate someone else to do it.
In addition, a valid California will must be typewritten or printed. It is also preferable for witnesses to the will to be disinterested parties – meaning they are not named as beneficiaries in the will.
While California law recognizes holographic wills — wills that are handwritten and signed by the person making the will, but not witnessed — these should only be used as a last resort, since holographic wills are often found invalid.
The Flanigan Law Group provides Southern California residents with personal attention for estate planning, administration and litigation legal services. When disputes between families, arise, they are very successful in resolving legal estate issues quickly and efficiently while preserving financial and emotional resources. Contact the Flanigan Law Group at 949-450-0042.