Personal Property Can Be Devised by a later Writing

Probate Code Section 6132 took effect in January of 2007. This section allows a will to refer to a writing that is not yet in existence in the course of devising personal property from the testator to another. That's right. The writing doesn't even have to exist yet. I find that a little odd because if the writing never materializes or does so in an ambiguous manner, the entire devise will be in doubt. The purpose of 6132, however, is to allow the true intent of a testator to be recognized in some situations. Such as when the testator has not decided what to do with certain personal property, such as furniture, or jewelry, or collections.

But 6132 does not apply to all situations. Most importantly, Section 6132 does not apply to real property devises. I'll get into the reasons, valid reasons, next.