Legal Question in Wills and Trusts in California

Probate....Does the written word of a will take precedence over a video, (that was made primarily to offer evidence of soundness of mind?)


Asked on 2/17/10, 1:24 am

1 Answer from Attorneys

Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

The written, signed and witnessed will is what will control. Videos are good for showing soundness of mind but are not binding on the Executor or the Court. Video are also good if someone wants to give an indication of what the testator might want done with small items, such as "I want my spoon collection to go to X" or "I want my books to go to Y" so that the Executor has some help in distributing those types of items between beneficiaries.

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Answered on 2/22/10, 10:09 am


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