Requirements of Wills Drafting: Testamentary Intent
Posted By Renee Linares on Aug 5, 2010 9:00am PDT
A will is a legal instrument and as such there are certain requirements that must be fulfilled in order to find that the will is valid and has been drafted in accordance with California law. One requirement of a valid will is testamentary intent. However, what is "testamentary intent?" Since the main purpose of drafting a will is to dispose of your property upon death, the requirement of testamentary intent is satisfied if it appears that the testator intended that the written document effect a transfer of property which would take effect upon his or hear death. Cohn v. Klein, 209 Cal. 421, 425.
The requirement of testamentary intent is flexible. There is no specific phrase or wording that is required by California law to show testamentary intent. You may not even need to prove the the testator realized that they were in fact drafting a will. In order to learn more about wills drafting you should consult with an experienced Los Angeles estate planning attorney.