WILLS AND CODICILS

Holographic Will: a person may write his or her own will. It must be entirely in the testator’s handwriting and signed. Although dating is not required, it is a good idea to date a holographic will. This kind of will may be more subject to a will contest simply because the testator does not have the expertise to think of all of the options. Also testators feel free to write successive wills, often not dating them. Finally, if the testator does not cover everything, then the State of California probate code will determine how the document is completed.

California Statutory Will – This form was designed by the California Bar Association to be completed by a testator. It is a “fill in the blanks” form with directions. There is more than one kind of Statutory Will. Read each form carefully to be sure it fits your needs.

Free Wills:
Senior Adults Legal Assistance provides free consultation with an attorney to prepare a will for a qualifying senior. (link to SALA). SALA has a panel of volunteer attorneys who provide this service. SALA also will draft an Advance Health Care Directive.

AIDS Legal Services will prepare documents for HIV positive clients.

The Pour Over Will
If the decedent has a trust, then the will is a back up document. Such a will typically provides for the distribution of decedent's tangible personal property (household furniture and furnishings, vehicles, etc.) because such assets are not probated. It also has a “pour over” provision that puts any assets into the trust that the Settlor left out. If the will is used to transfer assets to the trust, there will be a probate of those assets. Therefore, most assets should be trans¬ferred to the trust once the documents are signed. You must consult with the drafting attorney for information about specific assets.

Changes to a Will:
A change to a Will is called a Codicil. A codicil has the same requirements as does a will. If major changes are required, then a new will is recommended.

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