CA Trust, Estate & Probate Litigation

CA Trust, Estate & Probate Litigation

Category Archives: Will Creation

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Broken Promises: Are Oral Promises to Make a California Trust or Will Enforceable?

Posted in Beneficiary, Litigation, Probate, Probate Court Litigation, Trust Creation, Trustees & Beneficiaries, Will Creation, Wills
Is an oral promise to make a will or trust enforceable under California law? Contrary to what many believe, California law provides for the enforcement of oral promises to make a will or trust. How does the promise to make a will or trust arise? Generally, a parent orally promises a child, a friend, or… Continue Reading

Will and Trust Creation: The basic requirements of California Trust and Will creation

Posted in Trust Creation, Videos, Will Creation
Keith A. Davidson describes in this video the basic requirements for creating a California Will and Trust. He refers to the basic creation elements as “formalities” and “intentionalities”, terms he uses in teaching California Will and Trust creation at Chapman Law School (which he borrowed from his own Trust and Will professor, Father O’brien (thank… Continue Reading

Coping with Incapacity: How Trust Planning Is Life Planning

Posted in Estate Planning, Lack of Capacity, Will Creation
How does your trust help you while you’re alive?  Many people think of trusts as death planning instruments–the type of thing that only operates upon your death. But trusts have a critically important role to play while you are alive in the event you lose capacity.  People are living longer and the likelihood of being… Continue Reading

The Intentionalities and Formalities of California Will Creation

Posted in Will Creation, Wills
When creating a California Will there are a few basic steps that must be met from a legal perspective in order for that Will to be legally valid.  In their simplest form, the two areas required for a valid California Will are the necessary “Intentionalities” and the required “Formalities.” Intentionalities: Intentionalities  evidence a person’s intent… Continue Reading
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