Section § 6100

Explanation

If you're at least 18 years old and mentally stable, you can create a will. Also, a court-approved conservator can make a will for someone they take care of (a conservatee). However, if the conservatee is mentally capable, they can change or cancel that will, or make a new one.

(a)CA Probate Code § 6100(a) An individual 18 or more years of age who is of sound mind may make a will.
(b)CA Probate Code § 6100(b) A conservator may make a will for the conservatee if the conservator has been so authorized by a court order pursuant to Section 2580. Nothing in this section shall impair the right of a conservatee who is mentally competent to make a will from revoking or amending a will made by the conservator or making a new and inconsistent will.

Section § 6100.5

Explanation

In California, a person can't make a will if they lack mental capacity at that time. They must fully understand the nature of making a will, know what's in their property, and remember their relationships with family members who are impacted by the will. If someone has a mental health disorder, like delusions or hallucinations, that affects how they distribute their property in their will, they are also considered incompetent. However, a court can allow a conservator to make a will for someone under their care if they have permission from the court.

(a)CA Probate Code § 6100.5(a) An individual is not mentally competent to make a will if, at the time of making the will, either of the following is true:
(1)CA Probate Code § 6100.5(a)(1) The individual does not have sufficient mental capacity to be able to do any of the following:
(A)CA Probate Code § 6100.5(a)(1)(A) Understand the nature of the testamentary act.
(B)CA Probate Code § 6100.5(a)(1)(B) Understand and recollect the nature and situation of the individual’s property.
(C)CA Probate Code § 6100.5(a)(1)(C) Remember and understand the individual’s relations to living descendants, spouse, and parents, and those whose interests are affected by the will.
(2)CA Probate Code § 6100.5(a)(2) The individual suffers from a mental health disorder with symptoms including delusions or hallucinations, which delusions or hallucinations result in the individual’s devising property in a way that, except for the existence of the delusions or hallucinations, the individual would not have done.
(b)CA Probate Code § 6100.5(b) This section does not supersede existing law relating to the admissibility of evidence to prove the existence of mental incompetence or mental health disorders.
(c)CA Probate Code § 6100.5(c) Notwithstanding subdivision (a), a conservator may make a will on behalf of a conservatee if the conservator has been authorized to do so by a court order pursuant to Section 2580.

Section § 6101

Explanation

This law section explains what kind of property a person can decide to include in their will. It specifies that a will can cover three types of property: the person's own separate property, half of the shared property they own with a spouse, and half of the quasi-community property, which is similar to community property but relates to assets acquired while living in another state.

A will may dispose of the following property:
(a)CA Probate Code § 6101(a) The testator’s separate property.
(b)CA Probate Code § 6101(b) The one-half of the community property that belongs to the testator under Section 100.
(c)CA Probate Code § 6101(c) The one-half of the testator’s quasi-community property that belongs to the testator under Section 101.

Section § 6102

Explanation

A will can give property to anyone or any entity. This includes people, corporations, clubs, local governments, states, the U.S. government, or even a foreign country or its agencies.

A will may make a disposition of property to any person, including but not limited to any of the following:
(a)CA Probate Code § 6102(a) An individual.
(b)CA Probate Code § 6102(b) A corporation.
(c)CA Probate Code § 6102(c) An unincorporated association, society, lodge, or any branch thereof.
(d)CA Probate Code § 6102(d) A county, city, city and county, or any municipal corporation.
(e)CA Probate Code § 6102(e) Any state, including this state.
(f)CA Probate Code § 6102(f) The United States or any instrumentality thereof.
(g)CA Probate Code § 6102(g) A foreign country or a governmental entity therein.

Section § 6103

Explanation

This law states that some chapters in the probate code and certain parts of division 11 do not apply to cases where the person who made the will (the testator) died before January 1, 1985. Instead, the laws that were in place before that date still apply to those cases.

Except as otherwise specifically provided, Chapter 1 (commencing with Section 6100), Chapter 2 (commencing with Section 6110), Chapter 3 (commencing with Section 6120), Chapter 4 (commencing with Section 6130), Chapter 6 (commencing with Section 6200), and Chapter 7 (commencing with Section 6300) of this division, and Part 1 (commencing with Section 21101) of Division 11, do not apply where the testator died before January 1, 1985, and the law applicable prior to January 1, 1985, continues to apply where the testator died before January 1, 1985.

Section § 6104

Explanation

If someone is forced, threatened, tricked, or unfairly influenced into making or canceling a will, that part of the will doesn't count and won't be effective.

The execution or revocation of a will or a part of a will is ineffective to the extent the execution or revocation was procured by duress, menace, fraud, or undue influence.

Section § 6105

Explanation

This law says that if a will includes a specific condition for its validity, the will's acceptance or rejection in probate court will be based on whether that condition is met. If it gets into probate and the condition isn't satisfied, it won't take effect.

A will, the validity of which is made conditional by its own terms, shall be admitted to probate or rejected, or denied effect after admission to probate, in conformity with the condition.