Boyajian and California’s Failure to Extend the Harmless Error Doctrine to Revocations – John Scheerer Authors Daily Journal Article

Partner John Scheerer’s Daily Journal article examines the Estate of Boyajian appellate decision, a ruling that exposes a significant gap in California probate law. While the state has embraced a more flexible “harmless error” doctrine to validate wills, that same logic doesn’t apply when someone tries to revoke a will, even when their intent is clear.

In Boyajian, a notarized document explicitly revoking all prior estate planning documents was deemed invalid, not because the testator’s intent was in doubt, but because California law does not extend its harmless error doctrine to revocations. The court upheld a decades-old will, citing the lack of physical cancellation or a properly executed new will, even though the testator’s intent to revoke was well-documented.

The court acknowledged that their hands were tied by the Probate Code. In response, Scheerer calls for legislative reform, arguing that California’s failure to modernize this aspect of probate law could lead to more outcomes that contradict a testator’s wishes. He urges lawmakers to fully adopt the Uniform Probate Code’s harmless error provision to also include the revocation of wills.

Read the full article to learn more about the court’s decision, and why the harmless error statute should be expanded to apply to revocations. (Subscription may be required)