Who May Write a Will? Requirements to Make a California Will
Posted on | September 21, 2008 | No Comments
Who may write a will in San Diego? Any person that is eighteen years of age and of sound mind may write a will (But should you? See Will Advantages; and Disadvantages of a Will). A person is of sound mind if they understand the rights, risks, and consequences of the testamentary act, the property they own, and their living descendents.
A person is not mentally competent if they lack the mental capacity to understand the nature of the testamentary act, understand and recollect the nature and situation of the individual’s property, or remember and understand the individual’s relations to living descendants, spouse, and parents.
In addition, a person may lack capacity to write a will if they have a deficit in mental function, such as alertness, information or thought processing. Of course, a court will not probate (See What is Probate?) a will where the person is insane, defined as a false conception of reality, a belief in supposed facts against all evidence and probability.
Tags: california > capacity > do it yourself will > downloadable will forms > estate planning lawyer > how to write a will > san diego > self written will > statutory will > who may write a will > Wills > wills attorney > wills lawyer
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