CA CLS Estate Planning study materials
CA CLS Estate Planning study resources

CA CLS Estate Planning: Wills, Trusts, and Will Substitutes

CA CLS Estate Planning · Work through your exam, one topic at a time.

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Wills, Trusts, and Will Substitutes

Wills

A California will requires testamentary intent, capacity, and statutory formalities: a writing, signature (or directed signature), and two witnesses present at the same time who understand they are witnessing a will. Holographic wills need material provisions and signature in the testator's handwriting. Know the mechanics of revocation (subsequent will, physical act with intent, operation of law like divorce), revival of prior wills, and the anti-lapse statute protecting issue of a predeceased beneficiary. Traps: a will that fails formalities may still be saved by harmless-error doctrine, but questions often test strict compliance.

Trusts

A trust requires settlor, intent, trust property, ascertainable beneficiaries, and a trustee with duties. Distinguish revocable from irrevocable, testamentary from inter vivos, and support vs. discretionary vs. spendthrift provisions. Know the pour-over will, the power of appointment, and how a trust avoids probate but not creditors or estate tax.

Will Substitutes

Joint tenancy, POD/TOD designations, life insurance, retirement accounts, and revocable trusts all pass property outside probate. The trap is conflict: a later will cannot override a beneficiary designation, and a joint tenant's unilateral severance changes the outcome.

Rule of Thumb

For any transfer question, rank the instruments: contract/designation (insurance, TOD, joint tenancy) beats will; trust beats probate; and the last valid instrument in time controls among equals.