Law Of Succession

Holographic Will (Hower 91)

As noted in the text, California does recognize the validity of holographic wills. Prob 6111. To be valid, a holographic will must be signed by the testator and the will’s material provisions must be in the handwriting of the testator, and such a document will constitute a valid holographic will whether it has been witnessed or not. Prob 6111(a). In addition, the entire will need not be in the testator’s handwriting; statements of testamentary intent in holographic wills may be made either in the testator’s handwriting or as part of a commercially printed form will. Prob 6111(c). A holographic will may be proved in the same manner as any other writing (Prob 8222) including through the use of extrinsic evidence (Prob 6111.5). A holographic will need not be dated to be valid; however, if not dated and the provisions of the holographic will are inconsistent with the provisions of another will,...