Problems with Invalid Statutory Will Forms in California

Sometimes, people sign statutory will forms which end up being invalid in California.  Our law firm has been advising clients regarding the problems with the use of Statutory Will forms in California for over three decades.

What makes a California Statutory Will invalid?

The manner in which the statutory will is executed may itself invalidate the will.   These types of will have to be completed by the testator.  People who try to fill these out for their parents often create a problem with admission of these types of wills, when will contests come about.

Faulty execution or signing and create problems with wills.  Moreover, faulty witnessing can also lead to particular will admission problems.   For example, if the witnesses do not view the testator sign the will, and do not sign the witness provisions in presence of the testator (that is the person who creates the will), then the statutory will is not validly signed.

What else makes for a bad California Statutory Will?

The California Statutory will provisions tend to be a somewhat confusing part of California Probate Code.   While the legislature has tried to make it simple, it is actually quite complicated.   You can inadvertently mark more than one box, which invalidates that provision.  You can fail to mark a box, which then creates other problems.  More than once box checked, invalidates that gift.  No box checked invalidates the provision.  The result of invalid gifts and residuary provisions is that heirs-at-law get the estate.  The result is the same as intestacy or having no will at all.

How do you avoid problems with wills?

Having an attorney drafted will avoids the common types of problems with the statutory will.  You will get advice, and there is someone to double check every aspect of the will.   People who want to engage in self-help wills must be made aware of the potentials for problems of selt-help will forms.

Call Mina Sirkin, Los Angeles Will Attorney who is certified as a specialist in probate and estate planning to help you with problems involving statutory wills at 818.340.4479 or email: