California Probate Code

§ 6112

PROB § 6112Div. 6 · Part 1 · Ch. 2

Statute text

(a)Any person generally competent to be a witness may act as a witness to a will.

(b)A will or any provision thereof is not invalid because the will is signed by an interested witness.

(c)Unless there are at least two other subscribing witnesses to the will who are disinterested witnesses, the fact that the will makes a devise to a subscribing witness creates a presumption that the witness procured the devise by duress, menace, fraud, or undue influence. This presumption is a presumption affecting the burden of proof. This presumption does not apply where the witness is a person to whom the devise is made solely in a fiduciary capacity.

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Legislative history

Enacted by Stats. 1990, Ch. 79.