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Trust Law Partners Blog

We understand how complicated it can be to navigate trust disputes. Our blog is designed to give you the information needed to better understand how to protect your interests as trustees.

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Can You Handwrite a Will or a Trust in California?

It’s a common question we hear at Trust Law Partners: is it legal to handwrite your will or trust? With so many DIY forms and online resources available, many people wonder whether it’s necessary to hire a lawyer at all. While California law does allow handwritten wills in some cases, doing so can create major problems. Handwriting a trust, on the other hand, is a different matter entirely and is rarely a good idea.

Whether you're trying to protect your family's future or sorting out a loved one's estate after their death, Newport Beach, California, estate planning lawyers emphasize that knowing the legal standards for handwritten estate documents is essential. Poorly drafted or informal documents are one of the leading causes of litigation, especially when family members disagree about what the decedent wanted.

Handwritten Wills: What California Law Allows

California does recognize what's called a holographic will. This is a will that is handwritten and signed by the person making it, also known as the testator. According to California Probate Code section 6111, a holographic will can be considered valid as long as the signature and the key provisions, such as who receives what property, are written entirely in the testator’s own handwriting.

One of the features of a holographic will is that it does not require witnesses or notarization. This makes it easier to create in emergencies or without legal assistance, but it also opens the door to complications. Many handwritten wills are contested after the person’s death, especially when the document favors one person over others or appears to conflict with earlier plans.

Because holographic wills often omit important details, courts may be left guessing about the testator's intent. In many cases, family members who expected to inherit are cut out without explanation. These circumstances often give rise to claims of undue influence or questions about the testator’s mental capacity.

The Risks of Informal Wills

A handwritten will often causes more problems than it solves, even if it looks like an easy option. People who write their own wills frequently forget to name an executor, omit backup beneficiaries, or fail to specify which assets go to whom. In some cases, they change their mind and attempt to amend the will with another handwritten note, creating further confusion.

We've seen many situations where a parent writes a last-minute letter leaving their estate to one child who’s been caring for them. That letter is found after death, and suddenly other children are excluded. Whether or not the parent intended this, the lack of clarity fuels suspicion and bitterness. These cases often turn into formal litigation, with thousands of dollars in legal fees and lasting damage to family relationships.

Even when a handwritten will is legally valid, it may not be the best path. A formal will prepared by an estate planning attorney is more likely to be clear, thorough, and enforceable.

Handwriting a Trust Is Far More Complicated

Unlike wills, trusts are not meant to be created casually. A trust is a legal arrangement that requires specific terms and a structure. While there is no California statute that outright forbids handwritten trusts, there is also no special rule—like with holographic wills—that allows for a more relaxed approach.

To be enforceable, a trust must include certain elements: the intent to create a trust, identification of trust property, a named trustee, a beneficiary, and clear terms of management and distribution. If any of these components are vague or missing, a court may find that no valid trust was ever created.

We’ve seen cases where someone wrote out instructions for their property, referred to certain accounts or real estate, and called it a “trust.” But if the document isn’t legally valid, or if the property was never transferred into the trust, the court may decide it has no effect. The result is that the estate gets distributed under California’s default laws, which may be very different from what the person intended.

Capacity and Undue Influence

Handwritten documents are especially vulnerable to challenges. When someone leaves a simple note or letter instead of a formal plan, it raises questions. Were they in the right state of mind? Did someone influence them during a time of illness or dependency? Did they even understand what they were signing?

Wills require testamentary capacity, which means the person understood they were creating a will and had a general understanding of their assets and heirs. The standard for creating a trust is even higher. The person must comprehend the structure of the trust, the role of the trustee, and the effect of distributing property according to the trust's terms.

In our experience, when one child is favored in a handwritten document, others will often argue that the favored child exerted pressure or manipulated the parent. If the decedent was isolated or dealing with cognitive decline, those arguments can be powerful and often lead to court involvement.

Can Handwritten Notes Amend an Existing Estate Plan?

Clients sometimes find handwritten notes or letters that appear to modify a formal will or trust. For example, a person may write, “I also want my nephew to receive $10,000” or “add my granddaughter to the house title.”

The problem is that formal wills and trusts usually require amendments to be made in a specific way. A trust might include instructions for how it can be changed, often requiring a signed, notarized amendment or even witness signatures. If those steps aren’t followed, the handwritten change won’t be honored.

Wills can sometimes be amended through a valid codicil, but again, the rules for what constitutes a valid codicil still apply. Informal documents with ambiguous language or no date or signature are almost always challenged.

What Should You Do If You Discover a Handwritten Document?

If you find a handwritten will, trust, or letter after a loved one’s death, don’t assume it’s either valid or worthless. These documents may carry legal weight—or they may be used to support a challenge to an earlier estate plan.

Before you submit anything to the probate court or share it with other family members, speak with an attorney who handles trust and estate litigation. We can review the document, determine if it meets California’s legal standards, and help you decide what steps to take next.

We’ve helped many clients enforce valid handwritten documents—or defend against them when they were the product of manipulation or fraud. The outcome depends on the facts, the surrounding evidence, and how the case is presented.

How Trust Law Partners Can Help

At Trust Law Partners, LLP, we focus exclusively on litigating trust and estate disputes. We’re not estate planners—we’re trial attorneys who step in when something has gone wrong. Our clients are often beneficiaries or heirs who were left out of an estate plan, or who are dealing with confusing or suspicious documents after a loved one’s death.

We understand how handwritten wills and informal trust arrangements can lead to serious disputes. We know the legal requirements, and we know how to uncover the facts. If necessary, we work with handwriting experts, medical professionals, and forensic accountants to build a case that gets results.

Our firm handles claims on a contingency basis, meaning there are no legal fees unless we recover money for you. If you’re involved in a dispute over a handwritten will or trust—or if you suspect someone is trying to use an informal document to alter an estate—contact us. We’ll review the document, explain your options, and help you protect your interests.

Call Trust Law Partners, LLP today at 833-853-9305 for a confidential consultation.