Estate of Wong - 40 Cal. App. 4th 1198, 47 Cal. Rptr. 2d 707 (1995)

Rule:

A holographic will is one entirely in the writing of the testator. The requirements are that it be signed, dated, and that it evidence testamentary intent. Cal. Prob. Code, § 6111. 

Facts:

Tai-Kin Wong (Tai) was a successful 44-year-old businessman who until just before death had a history of good health. He was living with his girlfriend Xi Zhao (Xi), and he enjoyed a close and loving relationship with his large family. On New Year's Eve in 1992, he took ill and died in a hospital emergency room of unexplained causes. Sometime after his death, found in his office was a sealed envelope, decorated with stickers and containing a handwritten note which read "All Tai-Kin Wong's Xi Zhao, my best half TKW 12-31-92." This document--containing no subject, no verb, no description of property, and no indication of its subject matter or purpose--was found by the trial court to be a holographic will, passing Tai's entire estate to Xi. Tai's father, Kok-Cheong Wong (appellant) brought this appeal. Appellants contestants contended that the document admitted to probate was not a valid will because as a matter of law, the words in the document did not constitute a will and because there was not sufficient evidence of testamentary intent.

Issue:

May a handwritten document stating "All Tai-Kin Wong's --> Xi Zhao, my best half TKW 12-31-92" pass as a holographic will?

Answer:

No.

Conclusion:

The court agreed with appellants' contention that the document admitted to probate did not, as a matter of law, constitute a will and reversed the judgment that declared the handwritten note a holographic will. The court held that the handwritten note did not contain words sufficient to constitute a valid will and there was no extrinsic evidence that showed donative intent. The handwritten note failed to contain words that it was intended to be a transfer of property upon death and failed to contain words that described the property allegedly meant to be bequeathed.