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Wills • Components of a Will
WILLS#032
Legal Definition
In California, a writing may dispose of limited tangible personal property, even if it is not compliant with the requirements for incorporation by reference, where it (1) is referred to in the will, dated, and either signed or handwritten by the testator; (2) describes the items and recipients with reasonable certainty; and (3) directs the disposition of tangible personal property (not cash) valued less than $5,000 per item and not more than $25,000 in the aggregate.
Plain English Explanation
Imagine you're writing your last wishes and you remember, "Oh! I want to leave my vintage record collection to Sam." But, wait, you don't want to rewrite the whole will just for that. Here's where California's law comes in handy. It says, "Alright, you can leave a note about those records." This note must be dated and either signed by you or entirely in your handwriting. It should clearly say who gets what - like "Sam gets my Beatles records". This way, there's no confusion later. The catch? You can't go overboard. This is for small stuff like records or your favorite teapot, not a car or a pile of cash. Each item must be under $5,000 in value, and all items together can't exceed $25,000.
Hypothetical
Hypo 1: Bob writes a will leaving most of his assets to his children. He then writes a separate note, dated and signed by him, saying "My collection of vintage watches, worth $4,000, goes to Sam." This note is mentioned in his will. Result: This note is valid under the rule. It is dated, signed, and specifies the items and recipient clearly. The watches are under the $5,000 limit, so Sam inherits them.
Hypo 2: In her will, Amy mentions a handwritten note where she wants to leave her valuable painting collection to Bob. The note is dated but not signed. It values the collection at $6,000. Result: This note doesn't meet the rule because the collection is valued over the $5,000 limit per item. Bob won't inherit the paintings through this note.
Hypo 3: Bob's will refers to a note, handwritten and dated by him, gifting his old guitar and a set of rare books, each valued under $5,000, to Sam. The total value is $7,000. Result: Since each item is under $5,000 and the total is under $25,000, the rule applies. Sam inherits both the guitar and the books.
Hypo 5: Bob writes a will but forgets to mention his cherished stamp collection. After signing the will, he writes a note leaving the collection, worth $3,000, to Sam. The note is dated and signed.Result: This note is not valid under the rule because the will does not refer to it. Sam cannot inherit the stamp collection through this note.
Hypo 2: In her will, Amy mentions a handwritten note where she wants to leave her valuable painting collection to Bob. The note is dated but not signed. It values the collection at $6,000. Result: This note doesn't meet the rule because the collection is valued over the $5,000 limit per item. Bob won't inherit the paintings through this note.
Hypo 3: Bob's will refers to a note, handwritten and dated by him, gifting his old guitar and a set of rare books, each valued under $5,000, to Sam. The total value is $7,000. Result: Since each item is under $5,000 and the total is under $25,000, the rule applies. Sam inherits both the guitar and the books.
Hypo 5: Bob writes a will but forgets to mention his cherished stamp collection. After signing the will, he writes a note leaving the collection, worth $3,000, to Sam. The note is dated and signed.Result: This note is not valid under the rule because the will does not refer to it. Sam cannot inherit the stamp collection through this note.
