Last week, we wrote about a significant change to California's estate planning laws. Under the new 'harmless error' rule, informal wills and other estate planning documents are now more likely to be found valid by California testate courts. The only way to invalidate such a document is to prove that it was the product of fraud or undue influence, which is difficult to do.

The new California law was tested earlier this year in Estate of Stoker, a case heard in California appellate court. In that case, a testator had created a will leaving much of his property to a girlfriend. After the relationship ended, he wanted to change his will, and instead of going through the formal will revocation process, he decided to rewrite his will on his own. He dictated a new bequest favoring his children to a friend, who wrote the new will (spelling the children's names incorrectly.)

The new will read: "To Whom It May Concern: I, Steve Stoker revoke my 1997 trust as of August 28, 2005. Destiny Gularte and Judy Stoker to get nothing. Everything is to go to my kids Darin [sic] and Danene [sic] Stoker."

The testator signed the document, and burned the old will. After the testator's death, his ex-girlfriend contested the will, claiming that it was invalid. However, in the first decision of its kind, the court found for the children under the new will, ruling that it was valid even though it was informal and contained several errors.

While the 'harmless error' rule allows a testator to create or change a will without going through the time and expense of a formal will creation or revocation, it may actually end up costing heirs more time and money if the informal will contains errors or ambiguities. Therefore, testators are advised to contact an attorney for guidance in the estate planning process.

Source: Wall Street Journal, "California Court Gives 'Rogue' Wills More Validity," Arden Dale, 20 June 2011