Validity of Wills in California

Before we dive into the core question of whether or not an executor can change a will, it's important to understand what makes a will valid in the state of California. The validity of wills hinges on several fundamental conditions.

First and foremost, the testator, or the person who created the will, must be at least 18 years old and of sound mind at the time the will was created. This means that they were fully aware of the nature of the document they were signing and understood the implications of the document concerning their assets.

Secondly, the will must be a written document. While oral wills, also known as "nuncupative" wills, may be recognized in some states under very specific circumstances, they are generally not accepted in California.

Thirdly, the will must be signed by the testator, or by someone else at the testator's direction and in their presence. The latter provision is essential for situations where the testator may be physically unable to sign the document but can still express their wishes verbally.

Lastly, the will must be signed in the presence of at least two witnesses who are not beneficiaries in the will. These are known as disinterested witnesses, and their role is to verify the identity of the testator and affirm that the testator signed the document voluntarily and without duress.

Probate of a Will in California

Now, let's move on to the probate process. Probate is the legal process that takes place after a person dies, which includes proving in court that a deceased person's will is valid, identifying and inventorying the deceased person's property, and having the property appraised.

Once the will is validated, the probate process also involves paying off any debts and taxes, and then distributing the remaining assets as per the directives specified in the will. All of this is overseen by the executor, who is nominated in the will by the testator and appointed by the court. The executor carries the fiduciary responsibility to act in the best interest of the estate and its beneficiaries.

The executor's duties are numerous and can include gathering and protecting the assets of the estate, obtaining information in writing about all the decedent's property, paying taxes, and making sure property titled in the name of the estate gets retitled in the names of the appropriate beneficiaries upon distribution.

Interpretation of Wills in California

Interpreting a will can be a complex task. Some wills are straightforward, while others might have confusing or contradictory clauses. The executor, along with the probate court, works to discern the testator's intent in the interpretation of wills. The executor does not have the authority to alter the stipulations of the will.

If the content of a will is confusing or contradictory, a probate court may need to interpret the will. This process may involve a formal court hearing with notice to all interested persons. The court will then make a decision based on the evidence presented about the testator's intent.

Disagreements about a Will in California

When a loved one passes away, it is an emotionally charged time. This can often lead to disagreements among family members, especially when it comes to matters of inheritance. These disputes may relate to the interpretation of specific clauses or the distribution of assets.

The executor does not have the authority to arbitrarily modify the will to resolve such disagreements. If a resolution cannot be reached, the dispute may need to be resolved in probate court or through another process, like mediation. 

In such a scenario, it is the role of the court to settle these disputes, taking into account the expressed wishes of the deceased, the laws of inheritance, and the rights and interests of those with a legitimate claim to the estate.

Discretion with Wills in California

An executor does have a certain degree of discretion when it comes to administering the estate. However, this does not extend to changing the terms of the will. The executor's main role is to manage the assets of the estate, settle debts, and distribute the remaining assets according to the stipulations of the will. They cannot alter the beneficiaries designated by the testator, change the shares of inheritance, or make other modifications that contravene the terms of the will.

Negotiated Settlement or Substituted Judgment

In some circumstances, an executor may propose a negotiated settlement or substituted judgment. This is an alternate method of distributing assets that differs from the original will. However, such a settlement or substituted judgment can only be carried out with the approval of all involved beneficiaries and, in some cases, may also require court approval.