Reformation of Wills

In California, if a will is clear and unambiguous, it can still be changed if there is strong evidence showing that a mistake was made in how it was written, and that the testator had a specific intention when they created the will. This means that if the document does not reflect what the testator truly wanted due to an error, it can be reformed to match their actual intent.

John wrote a will leaving his estate to his children, but accidentally listed his ex-wife as the beneficiary instead of his current wife. After his death, his current wife presented clear evidence that John intended for her to inherit everything. The court reformed the will to reflect John's actual intent, giving the estate to his current wife.

Mistakes in wills can be fixed if the testator's true intent is clear.

Exams may present ambiguous wills and ask if they can be reformed, leading students to overlook the requirement of clear and convincing evidence of intent and mistake.

Questions often involve fact patterns where a will appears clear but contains a mistake, testing the candidate's ability to identify the need for reformation based on intent.