Section § 6380

Explanation

This section explains two key terms related to international wills. An 'international will' is a will that follows certain sections of the law. An 'authorized person' is someone who is legally allowed to oversee the making of these international wills, which can include U.S. diplomatic officials.

In this chapter:
(a)CA Probate Code § 6380(a) “International will” means a will executed in conformity with Sections 6381 to 6384, inclusive.
(b)CA Probate Code § 6380(b) “Authorized person” and “person authorized to act in connection with international wills” means a person who by Section 6388, or by the laws of the United States including members of the diplomatic and consular service of the United States designated by Foreign Service Regulations, is empowered to supervise the execution of international wills.

Section § 6381

Explanation

This law section states that a will is considered valid if it is made as an international will following specific requirements, regardless of where it's created, where the assets are, or the testator's nationality, home, or residency. If the will isn't recognized as an international will, it might still be valid as a different type of will. However, this rule doesn’t apply to wills created by multiple people in one document.

(a)CA Probate Code § 6381(a) A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of this chapter.
(b)CA Probate Code § 6381(b) The invalidity of the will as an international will does not affect its formal validity as a will of another kind.
(c)CA Probate Code § 6381(c) This chapter does not apply to the form of testamentary dispositions made by two or more persons in one instrument.

Section § 6382

Explanation

This section outlines the requirements for creating an international will in writing. The will does not have to be handwritten by the person making it, known as the testator, and can be in any language. The testator must declare in front of two witnesses and an authorized individual that the document is their will and that they are aware of its contents, though they don't have to reveal the details to the witnesses or the authorized person. The testator has to sign the will in front of these individuals or acknowledge an existing signature. If unable to sign, the testator must explain why, and this can be noted by the authorized person. Another person, including a witness or the authorized individual, can sign on behalf of the testator upon their direction. Finally, the witnesses and the authorized person must sign the will in the presence of the testator, confirming it.

(a)CA Probate Code § 6382(a) The will shall be made in writing. It need not be written by the testator himself or herself. It may be written in any language, by hand or by any other means.
(b)CA Probate Code § 6382(b) The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is the testator’s will and that the testator knows the contents thereof. The testator need not inform the witnesses, or the authorized person, of the contents of the will.
(c)CA Probate Code § 6382(c) In the presence of the witnesses, and of the authorized person, the testator shall sign the will or, if the testator has previously signed it, shall acknowledge his or her signature.
(d)CA Probate Code § 6382(d) If the testator is unable to sign, the absence of the testator’s signature does not affect the validity of the international will if the testator indicates the reason for his or her inability to sign and the authorized person makes note thereof on the will. In that case, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator’s name for the testator if the authorized person makes note of this also on the will, but it is not required that any person sign the testator’s name for the testator.
(e)CA Probate Code § 6382(e) The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.

Section § 6383

Explanation

This section explains how a will should be signed and dated in California. Each sheet of the will must be signed by the person making the will or by someone else if they can't sign themselves. The date when an authorized person signs the will should be written at the end. The individual making the will can indicate where they want the will to be kept, and this information can be included in a certificate. Even if a will doesn't meet all these requirements, it might still be legally valid if it complies with other specific rules.

(a)CA Probate Code § 6383(a) The signatures shall be placed at the end of the will. If the will consists of several sheets, each sheet shall be signed by the testator or, if the testator is unable to sign, by the person signing on his or her behalf or, if there is no such person, by the authorized person. In addition, each sheet shall be numbered.
(b)CA Probate Code § 6383(b) The date of the will shall be the date of its signature by the authorized person. That date shall be noted at the end of the will by the authorized person.
(c)CA Probate Code § 6383(c) The authorized person shall ask the testator whether the testator wishes to make a declaration concerning the safekeeping of the will. If so and at the express request of the testator, the place where the testator intends to have the will kept shall be mentioned in the certificate provided for in Section 6384.
(d)CA Probate Code § 6383(d) A will executed in compliance with Section 6382 is not invalid merely because it does not comply with this section.

Section § 6384

Explanation

This section outlines the necessary steps to validate an international will under the Convention of October 26, 1973. It requires an authorized person to attach a certificate to the will, confirming that all requirements for the will's execution have been met. This certificate includes details about the person authorizing the will, the testator's information, and the presence of witnesses.

The certificate also confirms that the testator has either signed the will or acknowledged it, and verifies the identity of the testator and witnesses. Each page of the will must be signed and numbered, and the witnesses must meet specific legal criteria.

The authorized person must keep a copy of this certificate and provide another to the testator. Information about the will’s safekeeping may also be requested by the testator and included in the certificate.

The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of this chapter for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate shall be substantially in the following form:
CERTIFICATE
(Convention of October 26, 1973)
 1.I, _____ (name, address, and capacity) _____ ,
 a person authorized to act in connection with international wills,
 2.certify that on _____ (date) _____ at _____ (place) _____
 3. _____ (testator) (name, address, date and place of birth) _____
 in my presence and that of the witnesses
 4.(a) _____ (name, address, date and place of birth) _____
 (b) _____ (name, address, date and place of birth) _____
 has declared that the attached document is his will and that he knows the
 contents thereof.
 5.I furthermore certify that:
 6.(a)in my presence and in that of the witnesses
 (1)the testator has signed the will or has acknowledged his signature
  previously affixed.
 (2)following a declaration of the testator stating that he was unable
   to sign his will for the following reason ________________, I
  have mentioned this declaration on the will,*
  and the signature has been affixed by
  _____ (name and address)* _____
 7.(b)the witnesses and I have signed the will;
 8.(c)each page of the will has been signed by
_________________ and numbered;*
 9.(d)I have satisfied myself as to the identity of the testator and of the
  witnesses as designated above;
10.(e)the witnesses met the conditions requisite to act as such according
  to the law under which I am acting;
11.  (f)  the testator has requested me to include the following statement
  concerning the safekeeping of his will:*
12.
PLACE OF EXECUTION
13.
DATE
14.
SIGNATURE and, if
necessary, SEAL
__________
*to be completed if appropriate

Section § 6385

Explanation

This law makes it clear that if someone creates a will and there's a certificate proving it's valid, that certificate is enough to assume the will is formally valid unless proven otherwise. However, even if a certificate is missing or not perfect, the will can still be considered valid.

In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this chapter. The absence or irregularity of a certificate does not affect the formal validity of a will under this chapter.

Section § 6386

Explanation
An international will, just like any other will, can be revoked following the regular rules that apply to revoking wills.
The international will is subject to the ordinary rules of revocation of wills.

Section § 6387

Explanation

This law explains that California's probate rules from Sections 6380 to 6386 are based on an international agreement from October 26, 1973. It emphasizes that these rules are to be interpreted with an awareness of their international background and the importance of keeping interpretations consistent across different jurisdictions.

Sections 6380 to 6386, inclusive, derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this chapter, regard shall be had to its international origin and to the need for uniformity in its interpretation.

Section § 6388

Explanation

If you're a lawyer allowed to practice in California courts and are currently in good standing, you can handle international wills.

Individuals who have been admitted to practice law before the courts of this state and who are in good standing as active law practitioners of this state are authorized persons in relation to international wills.

Section § 6389

Explanation

This law mandates that the Secretary of State set up a registry where authorized individuals can log information about international wills confidentially. The details will be kept private until the person who made the will passes away. Upon the person's death, those presenting valid proof, like a death certificate, can access the information. The data recorded includes the person's name, social security number, address, birth details, and where the will is stored. Additionally, if requested, this information can be shared with a similar registry in another jurisdiction, provided it has comparable confidentiality protections.

The Secretary of State shall establish a registry system by which authorized persons may register in a central information center information regarding the execution of international wills, keeping that information in strictest confidence until the death of the maker and then making it available to any person desiring information about any will who presents a death certificate or other satisfactory evidence of the testator’s death to the center. Information that may be received, preserved in confidence until death, and reported as indicated is limited to the name, social security or other individual identifying number established by law, if any, address, date and place of birth of the testator, and the intended place of deposit or safekeeping of the instrument pending the death of the maker. The Secretary of State, at the request of the authorized person, may cause the information it receives about execution of any international will to be transmitted to the registry system of another jurisdiction as identified by the testator, if that other system adheres to rules protecting the confidentiality of the information similar to those established in this state.

Section § 6390

Explanation

If a written document, like a will, mentions a repealed law after December 31, 1984, it should be understood as referring to the new law that replaced the old one.

After December 31, 1984, a reference in a written instrument, including a will, to the former law (repealed by Chapter 892 of the Statutes of 1984) shall be deemed to be a reference to the corresponding provision of this chapter.