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Wills May Be Amended After Death

Posted Jul 31, 2015

The California Supreme Court ruled that wills may be amended after death if there is clear evidence of the author’s intent.  Chief Justice Tani Cantil-Sakauye wrote, “we conclude that the categorical bar on reformation of wills is not justified, and we hold that an unambiguous will may be reformed if clear and convincing evidence establishes that the will contains a mistake in the expression of the testator’s intent at the time the will drafted and also establishes the testator’s actual specific intent at the time the will was drafted”.  Read articles in the Metropolitan News-Enterprise and the San Francisco Chronicle.