Wills, Estates & Trusts
Jul. 29, 2025
No harm, but still foul: Boyajian and California's failure to extend the harmless error doctrine to revocations
California courts have embraced a "harmless error" rule to uphold imperfect wills that clearly reflect a testator's intent, but as the recent Estate of Boyajian decision shows, that rule does not extend to revocations--leaving a gap in the law that can thwart clear efforts to cancel a prior will.
The California legislature has moved from adhering to strict formalities in determining whether an estate planning document is valid to a more holistic approach. The overarching goal is to capture the intent of the drafter, even if there are mistakes. This is encapsulated in Probate Code 6110(c)(2), which adopts a "harmless error" rule that upholds otherwise noncompliant wills if there is clear and convincing evidence of the testator's (the person who creates a will) intent t...
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