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Testamentary Intent is Flexible

   California has certain requirements that must be fulfilled in order to find that a will is valid and has been drafted in accordance with California law. A will is a legal instrument and as such must be drafted with testamentary intent. 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. 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.  Certainly, testamentary intent is one of several requirements to drafting a will. If you live in California and have questions about wills drafting you should consult with an experienced Los Angeles estate litigation lawyer.


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