1. Testamentary Intent: The document must be created with the intention of it being the individual’s last will and testament.
2.Written Document: The will must be in writing and not oral. It can be handwritten or typed, but must be a physical document.
3.Signed by the Testator: The testator, the individual making the will, must sign the will at the end of the document. California does not require witnesses to sign the will along with the testator; however, it is strongly recommended.
4.Witnesses:
- There must be at least two witnesses who must be present at the time the testator signs the will.
-Witnesses are required to be at least 18 years of age and of sound mind.
-The witnesses cannot be beneficiaries named in the will
-The witnesses must sign the will in the presence of the testator and in the presence of each other.
5. Testamentary Capacity: The testator must have testamentary capacity at the time the will is made. This means they must be of sound mind and understand the nature and effect of creating a will.
6. Age requirement: The testator must be at least 18 years of age.
7. Anti-lapse statute: California has an anti-lapse statute, which means that if a beneficiary named in a will predeceases the testator, their share of the estate will pass to their descendants unless otherwise stated in the will.
By meeting these requirements, a will can be considered a legal document in the State of California. It's important to note that wills can be complex, and it's always advisable to seek legal advice when creating or updating a will to ensure it accurately reflects your wishes and complies with all legal requirements.