Can a blind testator sign a will?
Robert stood in my Temecula office, visibly distressed. He’d recently lost his sight and was understandably concerned about updating his estate plan. His biggest fear wasn’t the legal complexities, but ensuring his wishes would be honored – that his will wouldn’t be challenged simply because he couldn’t physically sign it. This is a common concern, and thankfully, California law provides avenues for blind testators to execute valid wills.
What are the requirements for a valid will in California?
A valid will in California requires several key elements. First, the testator (the person making the will) must be of sound mind and at least 18 years old. Crucially, the will must be in writing, signed by the testator, or signed by someone in the testator’s presence and under their direction. And, it needs to be properly witnessed. These seem straightforward, but become complex when a testator is unable to physically sign.
How can a blind testator “sign” a will?
California Probate Code § 6110 addresses situations where a testator is physically unable to sign. It states a testator can direct someone else to sign for them, in their presence and under their direction. This is often done by making a clear verbal direction while witnesses are present. I typically have the testator verbally state, “I direct [Name of person] to sign this will on my behalf.” The assistant then signs, and the directive is noted by the witnesses. It is crucial this direction is explicitly stated and documented to avoid later challenges.
What about the witness requirements?
A valid will requires two disinterested witnesses – people who do not stand to inherit anything under the will. These witnesses must be present when the testator directs another to sign, and they must, in turn, sign the will themselves, attesting to the testator’s declaration and the signing process. A critical point to understand is that simply knowing the testator intends the document to be their will is insufficient. Witnesses must see the signing or the directive to sign. Therefore, it is vital to ensure clear communication and observation during the execution.
Furthermore, if a beneficiary is also a witness, the gift to that beneficiary is void according to California Probate Code § 6112. This is known as the purging statute. This doesn’t invalidate the entire will, but the beneficiary will not receive their intended inheritance.
Can a self-proving affidavit be used in this situation?
Yes, a self-proving affidavit, authorized by Probate Code § 8220, is highly recommended in any will execution, but especially when dealing with a testator who cannot physically sign. This affidavit contains sworn statements from the testator and witnesses, confirming the proper execution of the will. This eliminates the need to locate the witnesses years later to testify in court, should the will be challenged. It streamlines the probate process significantly.
What about digital signatures or other modern methods?
While technology is advancing, California law currently requires a physical signature or a clear directive for another to sign. Digital signatures are not yet universally accepted for will execution. We continually monitor these laws for updates. It’s important to remember that a poorly executed will, even with the best intentions, can lead to costly and time-consuming probate disputes. As a CPA, I also understand the tax implications of estate planning, especially the potential for IRS Estate Tax Guidelines, and ensuring your will aligns with those obligations is paramount.
It’s also important to note that, while California allowed temporary remote witnessing during the pandemic, strict adherence to current presence requirements is critical to avoid invalidation.
What constitutes ‘undue influence’ regarding witness signatures?
The “Harmless Error” rule in California allows for some leeway, but relying on it is a gamble that costs thousands in legal fees. Why risk your family’s inheritance on a judge’s discretion?
- Proper Execution: Sign in the presence of two witnesses who also sign.
- Self-Proving: Use an affidavit to avoid hunting down witnesses later.
- Professional Help: Ensure compliance with Probate Code Section 6110.
To understand the notary’s limited role, please review our article on documents requiring notarization in California to clear up doubt. A will is only as powerful as the signature at the bottom, and that signature must be witnessed correctly to survive a legal challenge. We specialize in guiding clients through the formal attestation process, ensuring that no technicality can undermine your final wishes. Please contact our team today to ensure your estate plan is signed, sealed, and legally secure.
About Steve Bliss: An estate planning attorney in Temecula
The Law Firm of Steven F. Bliss Esq. is a dedicated legal firm serving Temecula, Riverside County, and the Inland Empire. Led by Steven F. Bliss, the firm offers a unique advantage: Steve is an experienced CPA & Estate Planning Lawyer.
Whether the court requires a formal probate or allows for an unsupervised process, having a skilled attorney is essential to avoid delays. Don’t face the costly and confusing legal process alone—call attorney Steve Bliss today.
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The Law Firm of Steven F. Bliss Esq.43920 Margarita Rd Ste F
Temecula, CA 92592
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