State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 6220-6227

PROBATE CODE
SECTION 6220-6227



6220.  Any individual of sound mind and over the age of 18 may
execute a California statutory will under the provisions of this
chapter.


6221.  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.



6222.  The execution of the attestation clause provided in the
California statutory will by two or more witnesses satisfies Section
8220.


6223.  (a) There is only one California statutory will.
   (b) The California statutory will includes all of the following:
   (1) The contents of the California statutory will form set out in
Section 6240, excluding the questions and answers at the beginning of
the California statutory will.
   (2) By reference, the full texts of each of the following:
   (A) The definitions and rules of construction set forth in Article
1 (commencing with Section 6200).
   (B) The property disposition clauses adopted by the testator. If
no property disposition clause is adopted, Section 6224 shall apply.
   (C) The mandatory clauses set forth in Section 6241.
   (c) Notwithstanding this section, any California statutory will or
California statutory will with trust executed on a form allowed
under prior law shall be governed by the law that applied prior to
January 1, 1992.


6224.  If more than one property disposition clause appearing in
paragraphs 2 or 3 of a California statutory will is selected, no gift
is made. If more than one property disposition clause in paragraph 5
of a California statutory will form is selected, or if none is
selected, the residuary estate of a testator who signs a California
statutory will shall be distributed to the testator's heirs as if the
testator did not make a will.



6225.  Only the texts of property disposition clauses and the
mandatory clauses shall be considered in determining their meaning.
Their titles shall be disregarded.



6226.  (a) A California statutory will may be revoked and may be
amended by codicil in the same manner as other wills.
   (b) Any additions to or deletions from the California statutory
will on the face of the California statutory will form, other than in
accordance with the instructions, shall be given effect only where
clear and convincing evidence shows that they would effectuate the
clear intent of the testator. In the absence of such a showing, the
court either may determine that the addition or deletion is
ineffective and shall be disregarded, or may determine that all or a
portion of the California statutory will is invalid, whichever is
more likely to be consistent with the intent of the testator.
   (c) Notwithstanding Section 6110, a document executed on a
California statutory will form is valid as a will if all of the
following requirements are shown to be satisfied by clear and
convincing evidence:
   (1) The form is signed by the testator.
   (2) The court is satisfied that the testator knew and approved of
the contents of the will and intended it to have testamentary effect.
   (3) The testamentary intent of the maker as reflected in the
document is clear.


6227.  (a) If after executing a California statutory will the
testator's marriage is dissolved or annulled, the dissolution or
annulment revokes any disposition of property made by the will to the
former spouse and any nomination of the former spouse as executor,
trustee, guardian, or custodian made by the will. If any disposition
or nomination is revoked solely by this section, it is revived by the
testator's remarriage to the former spouse.
   (b) In case of revocation by dissolution or annulment:
   (1) Property prevented from passing to a former spouse because of
the revocation passes as if the former spouse failed to survive the
testator.
   (2) Provisions nominating the former spouse as executor, trustee,
guardian, or custodian shall be interpreted as if the former spouse
failed to survive the testator.
   (c) For purposes of this section, dissolution or annulment means
any dissolution or annulment that would exclude the spouse as a
surviving spouse within the meaning of Section 78. A decree of legal
separation which does not terminate the status of husband and wife is
not a dissolution or annulment for purposes of this section.
   (d) This section applies to any California statutory will, without
regard to the time when the will was executed, but this section does
not apply to any case where the final judgment of dissolution or
annulment of marriage occurs before January 1, 1985; and, if the
final judgment of dissolution or annulment of marriage occurs before
January 1, 1985, the case is governed by the law that applied prior
to January 1, 1985.