Trusts and Estates
Estate of Boyajian
Cite as G063155
Filed July 3, 2025
Fourth District, Div. Three
By Golnaz Yazdchi
Sheppard Mullin Richter & Hampton LLP
https://www.sheppardmullin.com
Headnote: Will Contests – Revocation of Will by Cancellation
Summary: Revocation of a will by cancellation must occur by physical alteration of the will and a separate, stand-alone document does not constitute a subsequent will unless it also transfers property upon death.
Decedent signed a two-page holographic will in 2006 that bequeathed her entire estate to her daughter. In 2018, decedent signed a second document, prepared by her son, which purported to revoke all of decedent’s prior estate planning documents. After decedent’s death, daughter petitioned to probate the 2006 will, which was contested by son. Son contended that decedent revoked the 2006 will by cancellation through the 2018 document. The trial court ruled in favor of son after a bench trial, reasoning that decedent specifically intended the 2018 document to revoke the 2006 will even though it did not otherwise dispose of property at death. Accordingly, the trial court found that the decedent died intestate. Daughter appealed.
The appellate court reversed. Cancellation of a will requires a physical alteration to the will. Moreover, to constitute a subsequent will that revokes a prior will, a document must be testamentary in nature and dispose of property upon death. The 2018 document did not meet the Probate Code’s definition of an “instrument” because it did not reflect decedent’s testamentary intent as it did not name a beneficiary, and did not transfer or dispose of any property upon decedent’s death. Additionally, the document was not witnessed by two persons, which is required for wills and such witness formalities are required to turn a stand-alone revocation into a will.