Holographic Wills: Proof Required: San Diego Superior Court

In the San Diego Superior Court, a holographic will may be introduced in a Probate proceeding. A will can take many forms including holographic. A holographic will can be defined as a will which is hand written.

In California, the law will allow a holographic will under certain conditions. This is very complicated and an attorney should be consulted. In San Diego, California, for a holographic will be be valid and according to proof and all sections of the will which are necessary for validity must be entirely written by hand. The person writing the will must sign in hand writing. The will cannot be ambiguous and must have all of the mandatory language.

In California, in addition, there is a form for proof of a holographic instrument. The declarant has to state how many years they knew the decdent, their knowledge {must be personal} of the handwriting of the decedent and that the holographic will and its handwritten provisions were written and signed by the hand of the declarant. If this cannot be proved in this way, then a handwriting examiner may be required.

Please do not hesitate to contact our law office for advice on holographic wills or estate planning.