Can a will not be executed in compliance with section 6110, subdivision (c)(1) of the California Probate Code?

California, United States of America

The following excerpt is from Golde v. Wilburn (In re Estate of Ben-Ali), A132979 (Cal. App. 2013):

A will not executed in compliance with section 6110, subdivision (c)(1) may nonetheless be admitted to probate if the proponent establishes by clear and convincing evidence the testator intended the instrument to constitute his will at the time he signed it. ( 6110, subd. (c)(2).) The clear and convincing standard " 'requires a finding of high probability. . . . " 'so clear as to leave no substantial doubt'; 'sufficiently strong to command the unhesitating assent of every reasonable mind.' " ' " (Lackner v. North (2006) 135 Cal.App.4th 1188, 1211-1212.) In our view, no reasonable trier of fact could find that standard has been reached on the record before us.

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)

Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)

What is the facial constitutionality of the section 17556 (d) of California Government Code 17556, subdivision (d), section 726 of the California Tax Code, providing that a local authority has authority to levy fees on behalf of a third party? (California, United States of America)

What is the difference between Section 667.5, subdivision (b) of the California Criminal Code and section 667, subdivision 5, of the Criminal Code? (California, United States of America)

Does the Attorney General have the authority to grant probation under section 1203.066, subdivision (c) of the California Criminal Code? (California, United States of America)

Does section 654, subdivision (a) of the California Code of Civil Procedure, Section 654 of the Criminal Code, allow a defendant to be punished for more than one act? (California, United States of America)

What are the consequences of section 245, subdivision (a)(1) of the California Criminal Code when it comes to section 2 and 3 of the Criminal Code? (California, United States of America)

Is liability under section 13385 of the California Civil Code for polluting the environment limited to a public entity's liability under Section 13350, subdivision (a) of the Government Code? (California, United States of America)

Does a discretionary restitution order under section 1202.4 of the California Criminal Code apply to a grant of probation under the California Probation Act? (California, United States of America)

Does section 667.6 of the California Criminal Code (c) of Section 654 of the Criminal Code apply to a burglary conviction? (California, United States of America)

Can a will not be executed in compliance with section 6110, subdivision (c)(1) of the California Probate Code?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources