MBE Rules · Wills, Trusts & Estates
Holographic Will
Cal. Prob. Code § 6111
The rule
A holographic will is valid without witnesses if the signature and material provisions are in the handwriting of the testator. Testamentary intent may be shown by any writing (including a printed will form) accompanying the handwritten dispositive provisions.
In plain English
A holographic will is a type of will that does not require witnesses as long as the key parts, including the signature and the main provisions, are written in the testator's own handwriting. This means that even if the will is not formally executed, it can still be valid if it clearly shows the testator's intent.
Worked example
John writes a will entirely in his own handwriting stating that he leaves his house to his sister and signs it. He does not have any witnesses present when he writes it. Since the signature and material provisions are in his handwriting, the holographic will is valid.
Memory hook
Holographic wills: handwritten intent, no witnesses needed!
The trap
Examiners may include scenarios where a printed form is used alongside handwritten notes, leading students to mistakenly believe the will is invalid. Students might overlook the requirement that only the material provisions need to be in handwriting.
How examiners test it
Questions often present a fact pattern involving a handwritten document alongside a printed form, testing whether the handwritten parts satisfy the holographic will requirements.
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More Wills, Trusts & Estates rules
- Co-Trustees · Cal. Prob. Code § 15620
- Trustee Removal · Cal. Prob. Code § 15642
- Formal Will Requirements · Cal. Prob. Code § 6110
- Spendthrift Exceptions · Cal. Prob. Code §§ 15305-15307
- Ademption of Specific Devises · In re Estate of Newsome (1967) 248 Cal.App.2d 712
- Intestate Succession · Cal. Prob. Code §§ 6400-6414