A Simplified Do-It-Yourself Will Gets Simpler
A do-it-yourself will has been possible in California for many years. In fact, there are different kinds of do-it-yourself wills.
The most basic one is called a holographic will, meaning one that is written, dated and signed entirely in the handwriting of the testator (that’s legalese for the person whose will it is).
A holographic will should be drafted on clean paper, preferably with no other writing or printing on it. It is best to use white paper. No witnesses are necessary.
In 1982, some of the technical requirements of holographic wills were eliminated: such as the rule as to where the signature had to be located or exactly how to write the date and other information. The rules are less technical now, but you must make sure that the document is a will and intended as such. Use words to make that clear. On the other hand, you could write a letter to someone explaining how you want your assets distributed upon your death, and later someone might claim that your letter was actually a holographic will.
To avoid the problem of non-lawyers trying to use their own words in a holographic will, words which can be open to misinterpretation, a so-called “statutory” will form was adopted in 1983. There were two versions authorized by the state legislature, one with a trust and one without. All you had to do was check the boxes and fill in a few blanks and you had yourself a will. Surprisingly to some, it was actually lawyers who helped get the will form passed. The State Bar of California was active in its development and distribution.
In less than a decade, more than 350,000 copies of the statutory will were distributed. But there were some problems with the forms--some were filled out incorrectly and tossed out of court, according to a state bar subcommittee that studied the problem. Single individuals complained that the forms were really written for married people, and it was unclear that there were different forms, so a consumer might select the wrong one for his or her circumstances.
But now there is a new, improved statutory will, as of the first of this year. It cures some of the problems of the old forms and offers more choices for the testator. You don’t have to go out and revise the old ones, however; they are still good.
The new form allows for an optional gift of your personal residence to your spouse, your descendants, a particular individual or to be divided equally between specifically named persons. The form also allows you to make similar choices about a gift of your automobile, household and personal effects. Optional cash gifts may be made to as many as five individuals or charities. You may assign assets to be set aside for a minor to be held by a designated guardian.
You can get a copy of the new will form and an information pamphlet by sending your request with a $2 check or money order to: Will Forms, P.O. Box 420411, San Francisco, 94142-0411
Klein is an attorney and president of The Times Valley and Ventura County editions. Brown is professor of law emeritus at USC and chairman of the board for the National Center for Preventive Law. They cannot answer mail personally but will respond in this column to questions of general interest about law. Do not telephone. Write to Jeffrey S. Klein, The Times, 9211 Oakdale Ave. , Chatsworth, Calif. 91311.
