In this blog, we’ve tackled a lot of subjects relating to  testamentary documents: what they are, why you need them, what goes into them, and why it is so important to get yours written in legally correct form. Now let’s tackle a few familiar human problems in relations to wills.  People lose things, people forget things, and people change things, all the time. So what happens if you can’t find your (or someone else’s) will or other testamentary documents?

The first step to resolving this problem would be to contact the attorney involved in creating the misplaced will. The attorney most likely has the original, or what is known as a conformed copy, in his/her possession. A conformed copy is a duplicate document that includes any handwritten notes and/or the actual signature (not a reproduction, Xerox or stamp) placed there by the person whose will it is and whose signature appears on the original document itself.   The designation of a conformed copy is very important, because conformed copies are often necessary when the original is unavailable, and may be admissible in court and used as evidence. This can impact a probate case or other legal actions such as lawsuits. Both state and federal laws exist regarding the admissibility of conformed copies. So what’s the takeaway from all this? Don’t misplace your legal documents, and don’t expect unsigned copies of documents to stand up in court.

Another common issue is that after the death of a loved one, you find several different wills.  In some states, a new will that is meant to revoke any previous ones must include specific language to that effect. However, here in California, the new or most recent will automatically supersedes and replaces any previous will or wills, as long is it legally valid and executed according to California Probate law.

Remember, the information contained in this blog is not meant as legal advice, only as general information meant to encourage thoughtful discussion. Of course it is a good idea to know where your testamentary documents are at all times, and an even better idea to get started on a will if you do not have one. It’s also wise to seek legal advice from a knowledgeable estate planning attorney.

For more information and help on issues related to testamentary documents or estate planning, please contact me. I’d be glad to provide answers to your questions and we can set up a time to talk. My practice focuses on estate planning and on creating comprehensive plans that meet your specific needs, from simple wills and advance directives to complex trusts. Please contact me at 818.956.9200.

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616 E. Glenoaks Boulevard, Suite 203

Glendale, CA 91207

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15303 Ventura Boulevard, Suite 900

Sherman Oaks, CA 91403