California Probate Code 6226 – (a) A California statutory will may be revoked and may be …
(a) A California statutory will may be revoked and may be amended by codicil in the same manner as other wills.
(b) Any additions to or deletions from the California statutory will on the face of the California statutory will form, other than in accordance with the instructions, shall be given effect only where clear and convincing evidence shows that they would effectuate the clear intent of the testator. In the absence of such a showing, the court either may determine that the addition or deletion is ineffective and shall be disregarded, or may determine that all or a portion of the California statutory will is invalid, whichever is more likely to be consistent with the intent of the testator.
Terms Used In California Probate Code 6226
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testator: A male person who leaves a will at death.
- Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
(c) Notwithstanding Section 6110, a document executed on a California statutory will form is valid as a will if all of the following requirements are shown to be satisfied by clear and convincing evidence:
(1) The form is signed by the testator.
(2) The court is satisfied that the testator knew and approved of the contents of the will and intended it to have testamentary effect.
(3) The testamentary intent of the maker as reflected in the document is clear.
(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)