6100.5
Effective Jan 1, 2020Amended by Stats. 2019, Ch. 9, Sec. 18. (AB 46) Effective January 1, 2020.
(a) An individual is not mentally competent to make a will if, at the time of making the will, either of the following is true:
(1) The individual does not have sufficient mental capacity to be able to do any of the following:
- (A) Understand the nature of the testamentary act.
- (B) Understand and recollect the nature and situation of the individual’s property.
- (C) Remember and understand the individual’s relations to living descendants, spouse, and parents, and those whose interests are affected by the will.
- (2) The individual suffers from a mental health disorder with symptoms including delusions or hallucinations, which delusions or hallucinations result in the individual’s devising property in a way that, except for the existence of the delusions or hallucinations, the individual would not have done.
- (b) This section does not supersede existing law relating to the admissibility of evidence to prove the existence of mental incompetence or mental health disorders.
- (c) Notwithstanding subdivision (a), a conservator may make a will on behalf of a conservatee if the conservator has been authorized to do so by a court order pursuant to Section 2580.