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.
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.
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