Bill Text: CA SB926 | 2015-2016 | Regular Session | Introduced

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Bill Title: Wills: requirements.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2016-11-30 - From committee without further action. [SB926 Detail]

Download: California-2015-SB926-Introduced.html

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BILL NUMBER: SB 926	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Gaines

                        JANUARY 28, 2016

   An act to amend Section 6110 of the Probate Code, relating to
wills.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 926, as introduced, Gaines. Wills: requirements.
   Existing law requires, except as specified, that a will be in
writing and be signed by the testator, or by another person in the
testator's presence in the testator's name and at the testator's
direction, or by a conservator pursuant to a court order to make a
will. Existing law also requires that a will be witnessed by being
signed during the testator's lifetime by at least 2 persons, each of
whom, being present at the same time, witnessed either the signing of
the will or the testator's acknowledgment of the signature or of the
will and understands that the instrument they sign is the testator's
will, except as specified.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6110 of the Probate Code is amended to read:
   6110.  (a) Except as provided in this part, a will shall be in
writing and satisfy the requirements of this section.
   (b) The will shall be signed by one of the following:
   (1) By the testator.
   (2) In the testator's name by  some other  
another  person in the testator's presence and by the testator's
direction.
   (3) By a conservator pursuant to a court order to make a will
under Section 2580.
   (c) (1) Except as provided in paragraph (2), the will shall be
witnessed by being signed, during the testator's lifetime, by at
least two persons each of whom (A) being present at the same time,
witnessed either the signing of the will or the testator's
acknowledgment of the signature or of the will and (B)
understand   understands  that the instrument
 they sign   that he or she signs  is the
testator's will.
   (2) If a will was not executed in compliance with paragraph (1),
the will shall be treated as if it was executed in compliance with
that paragraph if the proponent of the will establishes by clear and
convincing evidence that, at the time the testator signed the will,
the testator intended the will to constitute the testator's will.