Oakland Probate Litigation Lawyer Charles Triay Explains the Harmless Error Rule
In many states, the probate courts will hold a will to every law as written. However, in California, judges have the leeway to let some technicalities slide. Charles Triay can let you know whether or not your or your loved one’s will is valid.
California, unlike most states, has what’s known as the Harmless Error Rule with regard to wills. What that statute says is that if the will does not meet all of the technical requirements, such as if it only has one witness instead of two witnesses on a formal will, the judge can relax those technical requirements and recognize it as a valid will anyway. A lot of people don’t know that. If you have any doubt about whether a document is a valid will or not, give me a call. (510) 463-3165. Thank you.