You are on a plane and hit a good bit of turbulence, or the plane drops in altitude suddenly, and you think to yourself that you never did prepare your Will, so you send a quick text to a family member or friend setting out your desires should you not make it. Of course,

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

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

Back in March we offered to provide simple Wills to members of our community at no cost (you know, for free).  We decided to limit the program to 20 people per month to ensure that we were not overwhelmed by requests for free simple Wills.  And the response to our free Will program was overwhelming. 

The manner in which assets are titled govern how those assets pass at death.  And this can override a disposition contained in a Will or Trust. All the effort people take to prepare a Will or Trust can be wasted if assets are not titled properly.  This is what I call the asset puzzle.

The

Fifty years ago, most assets passed from an individual who died to his or her family by way of Probate (by Will or Intestacy both of which require Probate). Probate is a strict, expensive and time-consuming Court process that must be completed before assets can ultimately being transferred to family members.

But today, we own

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