Statute · California Probate Code

Cal. Prob. Code § 6124 — Revocation and Revival

Cal. Prob. Code § 6124

Type
Statute
Source
California Probate Code
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

If the testator’s will was last in the testator’s possession, the testator was competent until death, and neither the will nor a duplicate original of the will can be found after the testator’s death, it is presumed that the testator destroyed the will with intent to revoke it. This presumption…

Citator

Cal. Prob. Code § 6124 — Revocation and Revival is in force in the current edition of the Code, and nothing recorded condemns it.

If the testator’s will was last in the testator’s possession, the testator was competent until death, and neither the will nor a duplicate original of the will can be found after the testator’s death, it is presumed that the testator destroyed the will with intent to revoke it. This presumption is a presumption affecting the burden of producing evidence.