Code Section

Probate Code - PROB

DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806]

  ( Division 6 enacted by Stats. 1990, Ch. 79. )
  

PART 1. WILLS [6100 - 6390]

  ( Part 1 enacted by Stats. 1990, Ch. 79. )
  

CHAPTER 6. California Statutory Will [6200 - 6243]

  ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. )
  

ARTICLE 2. General Provisions [6220 - 6227]
  ( Article 2 added by Stats. 1991, Ch. 1055, Sec. 20. )

  
6226.  

(a) A California statutory will may be revoked and may be amended by codicil in the same manner as other wills.

(b) Any additions to or deletions from the California statutory will on the face of the California statutory will form, other than in accordance with the instructions, shall be given effect only where clear and convincing evidence shows that they would effectuate the clear intent of the testator. In the absence of such a showing, the court either may determine that the addition or deletion is ineffective and shall be disregarded, or may determine that all or a portion of the California statutory will is invalid, whichever is more likely to be consistent with the intent of the testator.

(c) Notwithstanding Section 6110, a document executed on a California statutory will form is valid as a will if all of the following requirements are shown to be satisfied by clear and convincing evidence:

(1) The form is signed by the testator.

(2) The court is satisfied that the testator knew and approved of the contents of the will and intended it to have testamentary effect.

(3) The testamentary intent of the maker as reflected in the document is clear.

(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)