All Wills Are Not Created Equally

June 4, 2020

Think having a handwritten Will is good enough? It may be, but what if it is not? 

The Second District of the California Court of Appeals has recently held that missing specific language from a Will can render your intended bequest invalid. In Re: Estate of Eimers (B295609), the Court affirmed a ruling from the Los Angeles Superior Court which held that a Will cannot be modified by court order to add missing language specifically referencing a power of appointment.  

Despite Mr. Elmer’s handwritten Will clearly stating that he intended to make a gift, the Court found that he failed to include a specific reference to the power of appointment which Mr. Eimers was attempting to exercise.  Based on the requirements set forth in the underlying Trust and in the California Probate Code, Mr. Eimers’ Will could not be modified to fulfill his intended gift.  As a result, Mr. Eimers’ handwritten Will was ineffective for his intended gift. 

https://www.courts.ca.gov/opinions/documents/B295609.PDF

Don’t wait until it’s too late to have an estate plan that sets forth your wishes. Contact Cannon Legal Firm today for a free consultation to review your existing estate plan or to create a new one. 

Dana@CannonLegalFirm.com
562.543.4529 (Voice and Text)
www.CannonLegalFirm.com

About the author 

Dana Cannon

Dana M. Cannon has many years of experience with Probates, Conservatorships, Trusts and Estates. During that time she has advised clients on multi-million dollar trust administrations; handled complex litigation; performed estate planning; and represented clients in contested and uncontested conservatorship, guardianship, probate and trust matters. She has been a volunteer at the Los Angeles Superior Court Pro Bono Probate Settlement Program since it began.  She understands that these matters may not just involve money. They are often fueled by emotions and because of that this isn’t just business, it’s personal. She looks forward to assisting you with your legal needs.

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