What are the requirements for a valid will?
In California, creating a valid will requires several elements. Firstly, the individual must be eighteen years or older and must have the mental capacity to understand the implications of making a will. Secondly, the will must be in writing and signed by the individual making the will. It is also required that the signature be witnessed by two other people, who will also then sign the document. Finally, the individual creating the will must declare that they are specifically making a will and it must be shown that they intend the document to be their will. In California, a will must also adhere to certain formal requirements. Failure to do so may invalidate the will. Examples of these formal requirements include the will having to be dated, containing language expressing the intent to dispose of property and having the signatures of the testator and two witnesses located within the four corners of the document. Additionally, in California multiple wills, or simultaneous wills, are not allowed. If multiple wills are created, only the last validly executed will can be enforced. Inheritance law in California is complex and it is important to make sure that any will that is created meets all the technical and legal requirements. In doing so, it is recommended to seek the help of a qualified attorney who specializes in estate planning.
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