Legal Question in Wills and Trusts in California
Additions to an existing will
My father-in-law has an existing will. He would like to add a document to ADD one aspect to the will. The daughter who continues to borrow excessively from him, will have the balance of the henceforth borrowed money deducted from her portion of the inheritance. Would a notorized statement signed by both parties and notorized be legally binding?
2 Answers from Attorneys
Re: Additions to an existing will
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
It is possible to prepare a "codicil" to a will, which has to be executed with the same formalities as the original will. To avoid confusion, it may be best to prepare and executed an new will the revoke all prior wills. You should consult your own attorney to protect your legal rights.
Re: Additions to an existing will
If your father in law has a WILL, an addendum to the will must be either 1) all written in his own handwriting, dated and signed or 2) if typed or printed by someone else, signed by TWO WITNESSES.
Notarizing does not do anything for wills.
If he has a living trust, an amendment to the trust should be notarized.
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