Is an email a valid will?

“I am going on a trip, so I sent my sister an email telling her what I want to happen with my daughter and with all my stuff - just in case.” Is this a valid will?

In short: probably not. California requires that a will is signed by the person AND witnessed by two disinterested people, who also sign the will indicating that the person knew they were signing a will. If you send an email, you’re not signing anything.

California does recognize holographic wills. A holographic will is one that is written in the person’s handwriting and signed by that person, with the intent that the document serve as a will. Although it does not need to be dated or witnessed, it is best to date the document. That way, if there are other wills that are signed at another time, there’s no question as to which is the most recent (and therefore valid) will.

The best way to create a will is to talk to an attorney to make sure that you are doing the right thing for you and your loved ones. Perhaps you should have a trust to avoid probate as well? Perhaps not. But an attorney will be able to help you with this. Contact me for a complimentary consultation.