Q: t I must be must be missing something somewhere..what makes a hollographic will admissable to probate.

A: For a holographic will to be valid in California (and in most other states where they are accepted), it must be written entirely in the testator's handwriting and be signed by testator. It can still be challenged if the testator was of unsound mind or under pressure from someone else.

An expert's opinion as to whether the will is in the testator's handwriting may be evidence, but is not conclusive. A handwriting expert's opinion can be challenged on several grounds. A lay witness familiar with the handwriting of the testator may offer controverting evidence. Testimony by a lay witness that he watched the testator write the will is direct evidence. It then becomes the duty of the trier of fact to weigh the evidence and make a fact determination.

A: In California, a holographic will is generally admissible to probate if it is in the handwriting of the testator, dated, and signed by the testator. These criteria help ensure the authenticity of the document as the true wishes of the deceased. However, the scenario you described involves a will not written by the testator but by someone else, which was then allowed to progress through probate despite an expert determining it was not written by the testator. This situation raises significant concerns.

The admission of such a document into probate could be due to several factors, including but not limited to procedural errors, oversight, or compelling arguments made by the party presenting the will that convinced the court to consider it. Every case has unique circumstances that might affect the decision-making process in court.

Attorneys do have a moral and legal duty to uphold the law, and they must not knowingly present false evidence or make false statements of law or fact in court. However, attorneys also have a duty to zealously represent their clients within the bounds of the law. This can sometimes lead to situations where attorneys present arguments or evidence that seems unlikely to prevail, based on their client's assertions or available evidence.

If a will's authenticity is in question, parties opposing its probate have the opportunity to challenge it in court. This would typically involve presenting evidence, such as expert testimony regarding the handwriting, to contest its validity.

The process can be complex, and such cases often require careful navigation through legal arguments and evidentiary standards. If you're facing a situation like this, consulting with an attorney experienced in probate and estate law is crucial to understand the specific legal strategies and options available in your case.