There is an old saying in the law that goes “first in time, first in right.” For Wills, the opposite is true—last in time, last in right. Typically the last valid Will wins. But what if the last Will is not valid? That could allow an earlier Will to apply instead. And it is this
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Free California Wills – Now 50 Percent Off (In other words, still free)
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Several weeks ago we announced we were offering to draft California Wills for free to members of our community. We were worried that we would be inundated with requests for the free Wills. But we were wrong. We only received one e-mail accepting our offer to draft a free California Will.
So, we’ve decided to…
May The Best Contestant Win…Contesting A California Trust vs. A California Will
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Listen to Keith A. Davidson summarize his blog post on the difference in contesting a California Trust and a California Will.
Which is better—A Trust or Will if a fight takes place for your assets after your death? One of the primary reasons people create Living Trusts (also called Revocable Trusts and Revocable Living Trusts)…
Fraud — A Basis For Overturning A California Will
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It doesn’t happen often, but the existence of fraud can cause a Will to be invalid. Fraud is simply a lie (called a misstatement of a material fact in legal parlance). Thus, if someone lies to a person creating a Will (called the testator) and that lie causes a different disposition under the Will than…
The Intentionalities and Formalities of California Will Creation
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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…