Estate of Perry

In this case of first impression, we will hold that when a testamentary document prepared on a California statutory will form is signed by the testator and two attesting witnesses, the general Probate Code requirements for execution of a will are satisfied, even though specific requirements for execution of a statutory will may not have been met.

Factual and Procedural History

Donald Joseph Perry (decedent) died on August 7, 1995. Six days earlier his nephew, Guy K. Perry (appellant or Guy) bought a preprinted California statutory will form at a stationery store. At Guy’s direction a friend filled out some blanks on the form, and Guy then took the will to the convalescent hospital where decedent was a patient. The will form was purportedly signed by decedent and two witnesses. With the exception of a 1961 van which was willed to Guy’s son, the will left decedent’s estate to Guy. Guy was also named executor of the will.

After decedent died, Guy filed a petition for probate of the purported will. Robert I. Perry and Alice D. Cardoza, (respondents) brother and sister of decedent, filed a contest and opposition to the will’s admission. They stated three grounds of contest:…