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California Probate Code Section 6111

Legal Research Home > California Lawyer > Probate Code > California Probate Code Section 6111

(a) A will that does not comply with Section 6110 is valid as
a holographic will, whether or not witnessed, if the signature and
the material provisions are in the handwriting of the testator.
   (b) If a holographic will does not contain a statement as to the
date of its execution and:
   (1) If the omission results in doubt as to whether its provisions
or the inconsistent provisions of another will are controlling, the
holographic will is invalid to the extent of the inconsistency unless
the time of its execution is established to be after the date of
execution of the other will.
   (2) If it is established that the testator lacked testamentary
capacity at any time during which the will might have been executed,
the will is invalid unless it is established that it was executed at
a time when the testator had testamentary capacity.
   (c) Any statement of testamentary intent contained in a
holographic will may be set forth either in the testator's own
handwriting or as part of a commercially printed form will.

Last modified: January 12, 2009