California Probate Code Section 6221

Legal Definition

A California statutory will shall be executed only as follows:

(a) The testator shall complete the appropriate blanks and shall sign the will.

(b) Each witness shall observe the testator’s signing and each witness shall sign his or her name in the presence of the testator.

Basic Definition

Section 6221: A California statutory will shall only be executed if the testator fills in the required blanks, signs the will, and has it signed by witnesses in the testator’s presence.

In-Depth Overview and Use Cases

Section 6221 ensures that a California statutory will is valid only when executed correctly. It requires the testator to complete the will’s blanks and sign it in the presence of witnesses. Witnesses must also sign in the testator’s presence to validate the will. This ensures authenticity and protects against fraud or undue influence. Use cases include verifying statutory wills during probate litigation to confirm execution compliance or challenging wills that lack proper signatures or witness protocol.

Application & Relevance

Section 6221 is crucial for probate attorneys when validating statutory wills. Noncompliance with its requirements can invalidate a will, leading to intestate succession. Attorneys frequently rely on this section to establish or dispute the validity of statutory wills in court.

Legal Scenario

Trust Litigation

Probate Code Impact

Section 6221 ensures that a statutory will is only valid when executed in compliance with specific formalities. In trust litigation, attorneys may use this section to challenge a statutory will that purports to dispose of assets in a way that contradicts the terms of the trust but does not meet these execution requirements.

Legal Scenario

Probate Estate

Probate Code Impact

Section 6221 is crucial when validating a statutory will during probate. If the will is improperly executed, the estate may be treated as intestate, impacting the distribution of assets.

Frequently Asked Questions

What happens if the testator does not fill in all required blanks in a statutory will?

If the testator does not complete all the required blanks in the statutory will, the will may be considered invalid. The testator must fill in all blanks to ensure proper execution under Section 6221.

Can a statutory will be valid if the testator signs in the presence of one witness only?

No, Section 6221 requires that the testator must sign a statutory will in the presence of at least two witnesses who also must sign in the testator’s presence for the will to be valid.

How does Section 6221 protect against undue influence in will executions?

By requiring that the testator signs the will in the presence of two witnesses, Section 6221 safeguards against fraudulent alterations and undue influence on the testator’s intentions. When read in conjunction with Section 6112, the safeguards are strengthened even further by providing that, if the two witnesses are not “disinterested,” then there is a presumption that the will was procured by duress, menace, fraud, or undue influence.