September 25th, 2025
California Court Reaffirm…

Estate of Boyajian (Cal. Ct. App. 2025)

A recent decision from the California Court of Appeals serves as a critical reminder that revoking a will is not as simple as writing a statement of intent. In Estate of Boyajian, the appellate court emphasized the importance of following the statutory requirements outlined in the California Probate Code when attempting to revoke a testamentary document.

Case Background: A Disputed Revocation

In this case, the decedent, Layla Boyajian, had executed a holographic will (handwritten will) in 2006, leaving her estate to her daughter, Anush. Years later, in 2018, Layla signed a notarized document, drafted by her son, Robert, stating that all prior estate planning documents were "void." This document, however, did not include any new instructions for distributing her assets. It was also not physically attached to or marked on the original 2006 will.

When Layla passed away, conflicting interpretations of her intent arose. A trial court initially accepted the 2018 revocation document as valid. But on appeal, the decision was reversed, resulting in the 2006 handwritten will being valid.

The Legal Framework: California Probate Code § 6120

Under California Probate Code § 6120, a will can only be revoked in one of two ways:

(a) A subsequent will which revokes the prior will or part expressly or by inconsistency.

(b) Being burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by either (1) the testator or (2) another person in the testator’s presence and by the testator’s direction.

What does “testamentary” mean?

The term testamentary refers to anything related to the disposition of property after death, typically in the context of a will or trust. A testamentary document, such as a will or codicil, expresses a person's intentions regarding the distribution of their estate after their death. It is a legal document designed to take effect upon the person's passing.

In Estate of Boyajian, the Court of Appeal found that the 2018 document failed on both counts:

  • It did not qualify as a new will or codicil because it lacked testamentary provisions or any direction regarding asset distribution.
  • It was not accompanied by any physical act altering or destroying the original 2006 will.

As a result, the appellate court ruled that the 2006 holographic will remained valid and should be admitted to probate.

Key Takeaways for California Residents

This case highlights a common misconception: that a general statement revoking a will, no matter how well-intentioned, is sufficient to change an estate plan. The reality is much more complex.

Here are a few important lessons from this case:

  • Intent alone is not enough: Simply expressing a desire to revoke a prior will is not legally effective unless done in accordance with the California Probate Code.
  • A valid revocation requires formalities: If you wish to revoke a will, you must either execute a new testamentary document or physically destroy the old one in a legally recognized manner.
  • Notarization is not the same as testamentary effect: While notarization may lend credibility, it does not make a non-testamentary document legally binding for probate purposes.
  • Do-it-yourself estate changes are risky: Even well-meaning efforts by family members, like the son in this case, can unintentionally create legal confusion or conflict.

Trust and Estate Planning: Ensuring the Proper Handling of Your Assets

If you are in the Sacramento area and need assistance with probate, trust administration, or will preparation, it is crucial to work with an experienced attorney who understands the complexities of California law. This case serves as a reminder that small mistakes can have significant consequences for your loved ones and your legacy.

At Huber Law Group, we specialize in probate and trust administration throughout Sacramento and the surrounding areas. Whether you are looking to create a will, update a revocable living trust, or navigate the probate process, we are here to ensure your wishes are properly documented and legally enforceable.

Always Consult an Attorney Before Changing Your Will

At Huber Law Group, we frequently counsel clients on probate administration and trust litigation. Whether you are handling a loved one's estate or looking to make changes to your own estate plan, it is important to understand the legal process and avoid common pitfalls like the one in Estate of Boyajian.

If you are considering changes to your estate plan or are involved in a probate dispute in Sacramento, we strongly recommend speaking with an experienced estate planning attorney. We’re here to help you ensure that your intentions are honored and your documents are legally sound.

Reach Out to Huber Law GroupToday

If you are facing a probate matter or need guidance with your trust administration or estate planning in Sacramento, reach out to us at Huber Law Group. Our team of skilled attorneys is here to help you navigate complex legal issues with confidence and clarity.

Contact us today to schedule a consultation.

Categories: Wills