State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 6380-6390

PROBATE CODE
SECTION 6380-6390



6380.  In this chapter:
   (a) "International will" means a will executed in conformity with
Sections 6381 to 6384, inclusive.
   (b) "Authorized person" and "person authorized to act in
connection with international wills" means a person who by Section
6388, or by the laws of the United States including members of the
diplomatic and consular service of the United States designated by
Foreign Service Regulations, is empowered to supervise the execution
of international wills.



6381.  (a) A will is valid as regards form, irrespective
particularly of the place where it is made, of the location of the
assets and of the nationality, domicile, or residence of the
testator, if it is made in the form of an international will
complying with the requirements of this chapter.
   (b) The invalidity of the will as an international will does not
affect its formal validity as a will of another kind.
   (c) This chapter does not apply to the form of testamentary
dispositions made by two or more persons in one instrument.



6382.  (a) The will shall be made in writing. It need not be written
by the testator himself or herself. It may be written in any
language, by hand or by any other means.
   (b) The testator shall declare in the presence of two witnesses
and of a person authorized to act in connection with international
wills that the document is the testator's will and that the testator
knows the contents thereof. The testator need not inform the
witnesses, or the authorized person, of the contents of the will.
   (c) In the presence of the witnesses, and of the authorized
person, the testator shall sign the will or, if the testator has
previously signed it, shall acknowledge his or her signature.
   (d) If the testator is unable to sign, the absence of the testator'
s signature does not affect the validity of the international will if
the testator indicates the reason for his or her inability to sign
and the authorized person makes note thereof on the will. In that
case, it is permissible for any other person present, including the
authorized person or one of the witnesses, at the direction of the
testator, to sign the testator's name for the testator if the
authorized person makes note of this also on the will, but it is not
required that any person sign the testator's name for the testator.
   (e) The witnesses and the authorized person shall there and then
attest the will by signing in the presence of the testator.



6383.  (a) The signatures shall be placed at the end of the will. If
the will consists of several sheets, each sheet shall be signed by
the testator or, if the testator is unable to sign, by the person
signing on his or her behalf or, if there is no such person, by the
authorized person. In addition, each sheet shall be numbered.
   (b) The date of the will shall be the date of its signature by the
authorized person. That date shall be noted at the end of the will
by the authorized person.
   (c) The authorized person shall ask the testator whether the
testator wishes to make a declaration concerning the safekeeping of
the will. If so and at the express request of the testator, the place
where the testator intends to have the will kept shall be mentioned
in the certificate provided for in Section 6384.
   (d) A will executed in compliance with Section 6382 is not invalid
merely because it does not comply with this section.



6384.  The authorized person shall attach to the will a certificate
to be signed by the authorized person establishing that the
requirements of this chapter for valid execution of an international
will have been fulfilled. The authorized person shall keep a copy of
the certificate and deliver another to the testator. The certificate
shall be substantially in the following form:
CERTIFICATE
(Convention of October 26, 1973)
1. I, __________________________________________________,
(name, address, and capacity)
a person authorized to act in connection with inter-
national wills,
2. certify that on _______________ at ___________________
(date) (place)
3. ______________________________________________________
(testator) (name, address, date and place of birth)
in my presence and that of the witnesses
4. (a) __________________________________________________
(name, address, date and place of birth)
(b) __________________________________________________
(name, address, date and place of birth)
has declared that the attached document is his will
and that he knows the contents thereof.
5. I furthermore certify that:
6. (a) in my presence and in that of the witnesses
(1) the testator has signed the will or has ac-
knowledged his signature previously affixed.
(2) following a declaration of the testator
stating that he was unable to sign his will
for the following reason ________________, I
have mentioned this declaration on the will,*
and the signature has been affixed by
______________________________________________
(name and address)*
7. (b) the witnesses and I have signed the will;
8. (c) each page of the will has been signed by _________
and numbered;*
9. (d) I have satisfied myself as to the identity of the
testator and of the witnesses as designated above;
10. (e) the witnesses met the conditions requisite to act
as such according to the law under which I am act-
ing;
11. (f) the testator has requested me to include the
following statement concerning the safekeeping of
his will:*
_________________________________________________
12. PLACE OF EXECUTION
13. DATE
14. SIGNATURE and, if
necessary, SEAL
_________
*to be completed if appropriate



6385.  In the absence of evidence to the contrary, the certificate
of the authorized person is conclusive of the formal validity of the
instrument as a will under this chapter. The absence or irregularity
of a certificate does not affect the formal validity of a will under
this chapter.


6386.  The international will is subject to the ordinary rules of
revocation of wills.



6387.  Sections 6380 to 6386, inclusive, derive from Annex to
Convention of October 26, 1973, Providing a Uniform Law on the Form
of an International Will. In interpreting and applying this chapter,
regard shall be had to its international origin and to the need for
uniformity in its interpretation.



6388.  Individuals who have been admitted to practice law before the
courts of this state and who are in good standing as active law
practitioners of this state are authorized persons in relation to
international wills.


6389.  The Secretary of State shall establish a registry system by
which authorized persons may register in a central information center
information regarding the execution of international wills, keeping
that information in strictest confidence until the death of the maker
and then making it available to any person desiring information
about any will who presents a death certificate or other satisfactory
evidence of the testator's death to the center. Information that may
be received, preserved in confidence until death, and reported as
indicated is limited to the name, social security or other individual
identifying number established by law, if any, address, date and
place of birth of the testator, and the intended place of deposit or
safekeeping of the instrument pending the death of the maker. The
Secretary of State, at the request of the authorized person, may
cause the information it receives about execution of any
international will to be transmitted to the registry system of
another jurisdiction as identified by the testator, if that other
system adheres to rules protecting the confidentiality of the
information similar to those established in this state.



6390.  After December 31, 1984, a reference in a written instrument,
including a will, to the former law (repealed by Chapter 892 of the
Statutes of 1984) shall be deemed to be a reference to the
corresponding provision of this chapter.