SECTIONS 6130-6132 - California Statutes

PROBATE CODE

SECTION 6130-6132

6130. A writing in existence when a will is executed may be
incorporated by reference if the language of the will manifests this
intent and describes the writing sufficiently to permit its
identification.

6131. A will may dispose of property by reference to acts and
events that have significance apart from their effect upon the
dispositions made by the will, whether the acts and events occur
before or after the execution of the will or before or after the
testator's death. The execution or revocation of a will of another
person is such an event.

6132. (a) Notwithstanding any other provision, a will may refer to
a writing that directs disposition of tangible personal property not
otherwise specifically disposed of by the will, except for money that
is common coin or currency and property used primarily in a trade or
business. A writing directing disposition of a testator's tangible
personal property is effective if all of the following conditions are
satisfied:
(1) An unrevoked will refers to the writing.
(2) The writing is dated and is either in the handwriting of, or
signed by, the testator.
(3) The writing describes the items and the recipients of the
property with reasonable certainty.
(b) The failure of a writing to conform to the conditions
described in paragraph (2) of subdivision (a) does not preclude the
introduction of evidence of the existence of the testator's intent
regarding the disposition of tangible personal property as authorized
by this section.
(c) The writing may be written or signed before or after the
execution of the will and need not have significance apart from its
effect upon the dispositions of property made by the will. A writing
that meets the requirements of this section shall be given effect as
if it were actually contained in the will itself, except that if any
person designated to receive property in the writing dies before the
testator, the property shall pass as further directed in the writing
and, in the absence of any further directions, the disposition shall
lapse.
(d) The testator may make subsequent handwritten or signed changes
to any writing. If there is an inconsistent disposition of tangible
personal property as between writings, the most recent writing
controls.
(e) (1) If the writing directing disposition of tangible personal
property omits a statement as to the date of its execution, and if
the omission results in doubt whether its provisions or the
provisions of another writing inconsistent with it are controlling,
then the writing omitting the statement is invalid to the extent of
its inconsistency unless the time of its execution is established to
be after the date of execution of the other writing.
(2) If the writing directing disposition of tangible personal
property omits a statement as to the date of its execution, and it is
established that the testator lacked testamentary capacity at any
time during which the writing may have been executed, the writing is
invalid unless it is established that it was executed at a time when
the testator had testamentary capacity.
(f) (1) Concurrent with the filing of the inventory and appraisal
required by Section 8800, the personal representative shall also file
the writing that directs disposition of the testator's tangible
personal property.
(2) Notwithstanding paragraph (1), if the writing has not been
found or is not available at the time of the filing of the inventory
and appraisal, the personal representative shall file the writing no
later than 60 days prior to filing the petition for final
distribution pursuant to Section 11640.
(g) The total value of tangible personal property identified and
disposed of in the writing shall not exceed twenty-five thousand
dollars ($25,000). If the value of an item of tangible personal
property described in the writing exceeds five thousand dollars
($5,000), that item shall not be subject to this section and that
item shall be disposed of pursuant to the remainder clause of the
will. The value of an item of tangible personal property that is
disposed of pursuant to the remainder clause of the will shall not be
counted towards the twenty-five thousand dollar ($25,000) limit
described in this subdivision.
(h) As used in this section, the following definitions shall
apply:
(1) "Tangible personal property" means articles of personal or
household use or ornament, including, but not limited to, furniture,
furnishings, automobiles, boats, and jewelry, as well as precious
metals in any tangible form, such as bullion or coins and articles
held for investment purposes. The term "tangible personal property"
does not mean real property, a mobilehome as defined in Section 798.3
of the Civil Code, intangible property, such as evidences of
indebtedness, bank accounts and other monetary deposits, documents of
title, or securities.
(2) "Common coin or currency" means the coins and currency of the
United States that are legal tender for the payment of public and
private debts, but does not include coins or currency kept or
acquired for their historical, artistic, collectable, or investment
value apart from their normal use as legal tender for payment.