State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 6100-6105

PROBATE CODE
SECTION 6100-6105



6100.  (a) An individual 18 or more years of age who is of sound
mind may make a will.
   (b) A conservator may make a will for the conservatee if the
conservator has been so authorized by a court order pursuant to
Section 2580. Nothing in this section shall impair the right of a
conservatee who is mentally competent to make a will from revoking or
amending a will made by the conservator or making a new and
inconsistent will.



6100.5.  (a) An individual is not mentally competent to make a will
if at the time of making the will either of the following is true:
   (1) The individual does not have sufficient mental capacity to be
able to (A) understand the nature of the testamentary act, (B)
understand and recollect the nature and situation of the individual's
property, or (C) remember and understand the individual's relations
to living descendants, spouse, and parents, and those whose interests
are affected by the will.
   (2) The individual suffers from a mental disorder with symptoms
including delusions or hallucinations, which delusions or
hallucinations result in the individual's devising property in a way
which, except for the existence of the delusions or hallucinations,
the individual would not have done.
   (b) Nothing in this section supersedes existing law relating to
the admissibility of evidence to prove the existence of mental
incompetence or mental disorders.
   (c) Notwithstanding subdivision (a), a conservator may make a will
on behalf of a conservatee if the conservator has been so authorized
by a court order pursuant to Section 2580.



6101.  A will may dispose of the following property:
   (a) The testator's separate property.
   (b) The one-half of the community property that belongs to the
testator under Section 100.
   (c) The one-half of the testator's quasi-community property that
belongs to the testator under Section 101.



6102.  A will may make a disposition of property to any person,
including but not limited to any of the following:
   (a) An individual.
   (b) A corporation.
   (c) An unincorporated association, society, lodge, or any branch
thereof.
   (d) A county, city, city and county, or any municipal corporation.
   (e) Any state, including this state.
   (f) The United States or any instrumentality thereof.
   (g) A foreign country or a governmental entity therein.



6103.  Except as otherwise specifically provided, Chapter 1
(commencing with Section 6100), Chapter 2 (commencing with Section
6110), Chapter 3 (commencing with Section 6120), Chapter 4
(commencing with Section 6130), Chapter 6 (commencing with Section
6200), and Chapter 7 (commencing with Section 6300) of this division,
and Part 1 (commencing with Section 21101) of Division 11, do not
apply where the testator died before January 1, 1985, and the law
applicable prior to January 1, 1985, continues to apply where the
testator died before January 1, 1985.


6104.  The execution or revocation of a will or a part of a will is
ineffective to the extent the execution or revocation was procured by
duress, menace, fraud, or undue influence.



6105.  A will, the validity of which is made conditional by its own
terms, shall be admitted to probate or rejected, or denied effect
after admission to probate, in conformity with the condition.