Remedies & Alternative Wills

Question 1

Codicils

Answer 1

A codicil is a supplement to a will that alters, amends, or modifies the will, rather than replacing it. Generally, a codicil must be executed with the same formalities as a will (can be attested or holographic). Cures invalid will.

A validly executed codicil republishes a will as of the date of the codicil.

Question 2

Will Substitute - Deed

Answer 2

A deed of property can serve as a will substitute for transferring property upon the death of the landowner. If a grantor (owner of land) delivers a deed to a third party (agent) with instructions to give the deed to a person (grantee) upon the grantor’s death, the deed will serve as a will substitute and the deed will be transferred to grantee upon grantor’s death.

Deed needs to meet the requirements of attested will (writing, signed, witnesses), or holographic will (material provisions in handwriting and signed by T).

Question 3

Choice of Law

Answer 3

If a will is validly executed in another state, the will is treated as valid in California. If a will is not validly executed another state, but the decedent is domiciled in California and dies in California, his/her will is treated as valid if it meets the California requirements.