Estate of Wong

40 Cal.App.4th 1198, 47 Cal.Rptr.2d 707 (1995)

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Estate of Wong

California Court of Appeal
40 Cal.App.4th 1198, 47 Cal.Rptr.2d 707 (1995)

  • Written by Mary Pfotenhauer, JD
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Facts

The decedent, Tai-Kin Wong (Tai), lived with his girlfriend, Xi Zhao (Xi). After Tai’s death, a document was discovered in his office that contained the words “All Tai-Kin Wong’s” followed by an arrow pointing to the words “Xi Zhao, my best half.” The document was in Tai’s handwriting, was dated, and contained Tai’s initials. Xi (plaintiff) petitioned for probate of the document as a will, and Tai’s father (defendant) objected. The trial court found the document to be a holographic will and admitted it to probate, and held that Tai’s entire estate passed to Xi under the document. Tai’s father appealed, arguing that the words in the document were not enough to constitute a will, and that there was not enough evidence to show Tai’s testamentary intent.

Rule of Law

Issue

Holding and Reasoning (Wunderlich, J.)

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