reglab/housing_qa huggingface dataset:
CA Prob Code § 15309 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS|CHAPTER 2 - Restrictions on Voluntary and Involuntary Transfers|Section 15309.

15309.  A disclaimer or renunciation by a beneficiary of all or part of his or her interest under a trust shall not be considered a transfer under Section 15300 or 15301.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15400 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS|CHAPTER 3 - Modification and Termination of Trusts|Section 15400.

15400.  Unless a trust is expressly made irrevocable by the trust instrument, the trust is revocable by the settlor. This section applies only where the settlor is domiciled in this state when the trust is created, where the trust instrument is executed in this state, or where the trust instrument provides that the law of this state governs the trust.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15401 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS|CHAPTER 3 - Modification and Termination of Trusts|Section 15401.

15401.  (a) A trust that is revocable by the settlor or any other person may be revoked in whole or in part by any of the following methods:(1) By compliance with any method of revocation provided in the trust instrument.(2) By a writing, other than a will, signed by the settlor or any other person holding the power of revocation and delivered to the trustee during the lifetime of the settlor or the person holding the power of revocation. If the trust instrument explicitly makes the method of revocation provided in the trust instrument the exclusive method of revocation, the trust may not be revoked pursuant to this paragraph.(b) (1) Unless otherwise provided in the instrument, if a trust is created by more than one settlor, each settlor may revoke the trust as to the portion of the trust contributed by that settlor, except as provided in Section 761 of the Family Code.(2) Notwithstanding paragraph (1), a settlor may grant to another person, including, but not limited to, his or her spouse, a power to revoke all or part of that portion of the trust contributed by that settlor, regardless of whether that portion was separate property or community property of that settlor, and regardless of whether that power to revoke is exercisable during the lifetime of that settlor or continues after the death of that settlor, or both.(c) A trust may not be modified or revoked by an attorney in fact under a power of attorney unless it is expressly permitted by the trust instrument.(d) This section shall not limit the authority to modify or terminate a trust pursuant to Section 15403 or 15404 in an appropriate case.(e) The manner of revocation of a trust revocable by the settlor or any other person that was created by an instrument executed before July 1, 1987, is governed by prior law and not by this section.(Amended by Stats. 2012, Ch. 55, Sec. 1. (AB 1683) Effective January 1, 2013.)
CA Prob Code § 15402 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS|CHAPTER 3 - Modification and Termination of Trusts|Section 15402.

15402.  Unless the trust instrument provides otherwise, if a trust is revocable by the settlor, the settlor may modify the trust by the procedure for revocation.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15403 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS|CHAPTER 3 - Modification and Termination of Trusts|Section 15403.

15403.  (a) Except as provided in subdivision (b), if all beneficiaries of an irrevocable trust consent, they may petition the court for modification or termination of the trust.(b) If the continuance of the trust is necessary to carry out a material purpose of the trust, the trust cannot be modified or terminated unless the court, in its discretion, determines that the reason for doing so under the circumstances outweighs the interest in accomplishing a material purpose of the trust. If the trust is subject to a valid restraint on the transfer of a beneficiary’s interest as provided in Chapter 2 (commencing with Section 15300), the trust may not be terminated unless the court determines there is good cause to do so.(c) If the trust provides for the disposition of principal to a class of persons described only as “heirs” or “next of kin” of the settlor, or using other words that describe the class of all persons who would take under the rules of intestacy, the court may limit the class of beneficiaries whose consent is necessary to modify or terminate a trust to the beneficiaries who are reasonably likely to take under the circumstances. (Amended by Stats. 2017, Ch. 61, Sec. 1. (SB 333) Effective January 1, 2018.)
CA Prob Code § 15404 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS|CHAPTER 3 - Modification and Termination of Trusts|Section 15404.

15404.  (a) A trust may be modified or terminated by the written consent of the settlor and all beneficiaries without court approval of the modification or termination.(b) If any beneficiary does not consent to the modification or termination of the trust, the court may modify or partially terminate the trust upon petition to the court by the other beneficiaries, with the consent of the settlor, if the interests of the beneficiaries who do not consent are not substantially impaired.(c) If the trust provides for the disposition of principal to a class of persons described only as “heirs” or “next of kin” of the settlor, or using other words that describe the class of all persons who would take under the rules of intestacy, the court may limit the class of beneficiaries whose consent is necessary to modify or terminate a trust to the beneficiaries who are reasonably likely to take under the circumstances.(Amended by Stats. 2017, Ch. 61, Sec. 2. (SB 333) Effective January 1, 2018.)
CA Prob Code § 15405 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS|CHAPTER 3 - Modification and Termination of Trusts|Section 15405.

15405.  For the purposes of Sections 15403 and 15404, the consent of a beneficiary who lacks legal capacity, including a minor, or who is an unascertained or unborn person may be given in proceedings before the court by a guardian ad litem, if it would be appropriate to do so. In determining whether to give consent, the guardian ad litem may rely on general family benefit accruing to living members of the beneficiary’s family as a basis for approving a modification or termination of the trust.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15406 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS|CHAPTER 3 - Modification and Termination of Trusts|Section 15406.

15406.  In determining the class of beneficiaries whose consent is necessary to modify or terminate a trust pursuant to Section 15403 or 15404, the presumption of fertility is rebuttable.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15407 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS|CHAPTER 3 - Modification and Termination of Trusts|Section 15407.

15407.  (a) A trust terminates when any of the following occurs:(1) The term of the trust expires.(2) The trust purpose is fulfilled.(3) The trust purpose becomes unlawful.(4) The trust purpose becomes impossible to fulfill.(5) The trust is revoked.(b) On termination of the trust, the trustee continues to have the powers reasonably necessary under the circumstances to wind up the affairs of the trust.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15408 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS|CHAPTER 3 - Modification and Termination of Trusts|Section 15408.

15408.  (a) On petition by a trustee or beneficiary, if the court determines that the fair market value of the principal of a trust has become so low in relation to the cost of administration that continuation of the trust under its existing terms will defeat or substantially impair the accomplishment of its purposes, the court may, in its discretion and in a manner that conforms as nearly as possible to the intention of the settlor, order any of the following:(1) Termination of the trust.(2) Modification of the trust.(3) Appointment of a new trustee.(b) Notwithstanding subdivision (a), if the trust principal does not exceed fifty thousand dollars ($50,000) in value, the trustee has the power to terminate the trust.(c) The existence of a trust provision restraining transfer of the beneficiary’s interest does not prevent application of this section.(Amended by Stats. 2018, Ch. 78, Sec. 1. (AB 2426) Effective January 1, 2019.)
CA Prob Code § 15409 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS|CHAPTER 3 - Modification and Termination of Trusts|Section 15409.

15409.  (a) On petition by a trustee or beneficiary, the court may modify the administrative or dispositive provisions of the trust or terminate the trust if, owing to circumstances not known to the settlor and not anticipated by the settlor, the continuation of the trust under its terms would defeat or substantially impair the accomplishment of the purposes of the trust. In this case, if necessary to carry out the purposes of the trust, the court may order the trustee to do acts that are not authorized or are forbidden by the trust instrument.(b) The court shall consider a trust provision restraining transfer of the beneficiary’s interest as a factor in making its decision whether to modify or terminate the trust, but the court is not precluded from exercising its discretion to modify or terminate the trust solely because of a restraint on transfer.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15410 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS|CHAPTER 3 - Modification and Termination of Trusts|Section 15410.

15410.  At the termination of a trust, the trust property shall be disposed of as follows:(a) In the case of a trust that is revoked by the settlor, the trust property shall be disposed of in the following order of priority:(1) As directed by the settlor.(2) As provided in the trust instrument.(3) To the extent that there is no direction by the settlor or in the trust instrument, to the settlor, or his or her estate, as the case may be.(b) In the case of a trust that is revoked by any person holding a power of revocation other than the settlor, the trust property shall be disposed of in the following order of priority:(1) As provided in the trust instrument.(2) As directed by the person exercising the power of revocation.(3) To the extent that there is no direction in the trust instrument or by the person exercising the power of revocation, to the person exercising the power of revocation, or his or her estate, as the case may be.(c) In the case of a trust that is terminated by the consent of the settlor and all beneficiaries, as agreed by the settlor and all beneficiaries.(d) In any other case, as provided in the trust instrument or in a manner directed by the court that conforms as nearly as possible to the intention of the settlor as expressed in the trust instrument.(e) If a trust is terminated by the trustee pursuant to subdivision (b) of Section 15408, the trust property may be distributed as determined by the trustee pursuant to the standard provided in subdivision (d) without the need for a court order. If the trust instrument does not provide a manner of distribution at termination and the settlor’s intent is not adequately expressed in the trust instrument, the trustee may distribute the trust property to the living beneficiaries on an actuarial basis.(Amended by Stats. 2012, Ch. 55, Sec. 2. (AB 1683) Effective January 1, 2013.)
CA Prob Code § 15411 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS|CHAPTER 3 - Modification and Termination of Trusts|Section 15411.

15411.  If the terms of two or more trusts are substantially similar, on petition by a trustee or beneficiary, the court, for good cause shown, may combine the trusts if the court determines that administration as a single trust will not defeat or substantially impair the accomplishment of the trust purposes or the interests of the beneficiaries.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15412 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS|CHAPTER 3 - Modification and Termination of Trusts|Section 15412.

15412.  On petition by a trustee or beneficiary, the court, for good cause shown, may divide a trust into two or more separate trusts, if the court determines that dividing the trust will not defeat or substantially impair the accomplishment of the trust purposes or the interests of the beneficiaries.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15413 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS|CHAPTER 3 - Modification and Termination of Trusts|Section 15413.

15413.  A trust provision, express or implied, that the trust may not be terminated is ineffective insofar as it purports to be applicable after the expiration of the longer of the periods provided by the statutory rule against perpetuities, Article 2 (commencing with Section 21205) of Chapter 1 of Part 2 of Division 11.(Added by Stats. 1991, Ch. 156, Sec. 22.)
CA Prob Code § 15414 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 2 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS|CHAPTER 3 - Modification and Termination of Trusts|Section 15414.

15414.  Notwithstanding any other provision in this chapter, if a trust continues in existence after the expiration of the longer of the periods provided by the statutory rule against perpetuities, Article 2 (commencing with Section 21205) of Chapter 1 of Part 2 of Division 11, the trust may be terminated in either of the following manners:(a) On petition by a majority of the beneficiaries. (b) On petition by the Attorney General or by any person who would be affected by the termination, if the court finds that the termination would be in the public interest or in the best interest of a majority of the persons who would be affected by the termination.(Added by Stats. 1991, Ch. 156, Sec. 23.)
CA Prob Code § 15800 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 3 - TRUSTEES AND BENEFICIARIES|CHAPTER 2 - Beneficiaries|Section 15800.

15800.  (a) Except to the extent that the trust instrument otherwise provides or where the joint action of the settlor and all beneficiaries is required, during the time that a trust is revocable and at least one person holding the power to revoke the trust, in whole or in part, is competent, the following shall apply:(1) The person holding the power to revoke, and not the beneficiary, has the rights afforded beneficiaries under this division.(2) The duties of the trustee are owed to the person holding the power to revoke.(b) Except to the extent that the trust instrument otherwise provides or where the joint action of the settlor and all beneficiaries is required, if, during the time that a trust is revocable, no person holding the power to revoke the trust, in whole or in part, is competent, the following shall apply:(1) Within 60 days of the obtaining of information establishing the incompetency of the last person holding the power to revoke the trust, the trustee shall provide notice of the application of this subdivision and a true and complete copy of the trust instrument and any amendments to each beneficiary to whom the trustee would be required or authorized to distribute income or principal if the settlor had died as of the date of receipt of the information. If the trust has been completely restated, the trustee need not include the trust instrument or amendments superseded by the last restatement.(2) The duties of the trustee to account at least annually or provide information requested under Section 16061 shall be owed to each beneficiary to whom the trustee would be required or authorized to distribute income or principal if the settlor had died during the account period or the period relating to the administration of the trust relevant to the report, as applicable.(3) A beneficiary whose interest is conditional on some factor not yet in existence or not yet determinable shall not be considered a beneficiary for purposes of this section, unless the trustee, in the trustee’s discretion, believes it is likely that the condition or conditions will be satisfied at the time of the settlor’s death.(4) If the interest of a beneficiary fails because a condition to receiving that interest has not been satisfied or the trustee does not believe that the condition will be satisfied at the time of the settlor’s death, the duties in paragraphs (1) and (2) shall be owed to the beneficiary or beneficiaries who would next succeed to that interest at the relevant time or period as determined under the trust instrument, as amended and restated.(c) To establish incompetency for the purposes of subdivision (b), the trustee may rely on either of the following:(1) The method for determining incompetency specified by the trust instrument, as amended or restated.(2) A judicial determination of incompetency.(Amended by Stats. 2021, Ch. 749, Sec. 1. (AB 1079) Effective January 1, 2022.)
CA Prob Code § 15801 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 3 - TRUSTEES AND BENEFICIARIES|CHAPTER 2 - Beneficiaries|Section 15801.

15801.  (a) In any case where the consent of a beneficiary may be given or is required to be given before an action may be taken, during the time that a trust is revocable and the person holding the power to revoke the trust is competent, the person holding the power to revoke, and not the beneficiary, has the power to consent or withhold consent.(b) This section does not apply where the joint consent of the settlor and all beneficiaries is required by statute.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15802 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 3 - TRUSTEES AND BENEFICIARIES|CHAPTER 2 - Beneficiaries|Section 15802.

15802.  Notwithstanding any other statute, during the time that a trust is revocable and the person holding the power to revoke the trust is competent, a notice that is to be given to a beneficiary shall be given to the person holding the power to revoke and not to the beneficiary.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15803 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 3 - TRUSTEES AND BENEFICIARIES|CHAPTER 2 - Beneficiaries|Section 15803.

15803.  The holder of a presently exercisable general power of appointment or power to withdraw property from the trust has the rights of a person holding the power to revoke the trust that are provided by Sections 15800 to 15802, inclusive, to the extent of the holder’s power over the trust property.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15804 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 3 - TRUSTEES AND BENEFICIARIES|CHAPTER 2 - Beneficiaries|Section 15804.

15804.  (a) Subject to subdivisions (b) and (c), it is sufficient compliance with a requirement in this division that notice be given to a beneficiary, or to a person interested in the trust, if notice is given as follows:(1) Where an interest has been limited on any future contingency to persons who will compose a certain class upon the happening of a certain event without further limitation, notice shall be given to the persons in being who would constitute the class if the event had happened immediately before the commencement of the proceeding or if there is no proceeding, if the event had happened immediately before notice is given.(2) Where an interest has been limited to a living person and the same interest, or a share therein, has been further limited upon the happening of a future event to the surviving spouse or to persons who are or may be the distributees, heirs, issue, or other kindred of the living person, notice shall be given to the living person.(3) Where an interest has been limited upon the happening of any future event to a person, or a class of persons, or both, and the interest, or a share of the interest, has been further limited upon the happening of an additional future event to another person, or a class of persons, or both, notice shall be given to the person or persons in being who would take the interest upon the happening of the first of these events.(b) If a conflict of interest involving the subject matter of the trust proceeding exists between a person to whom notice is required to be given and a person to whom notice is not otherwise required to be given under subdivision (a), notice shall also be given to persons not otherwise entitled to notice under subdivision (a) with respect to whom the conflict of interest exists.(c) Nothing in this section affects any of the following:(1) Requirements for notice to a person who has requested special notice, a person who has filed notice of appearance, or a particular person or entity required by statute to be given notice.(2) Availability of a guardian ad litem pursuant to Section 1003. (d) As used in this section, “notice” includes other papers.(Amended by Stats. 1992, Ch. 178, Sec. 43.4. Effective January 1, 1993.)
CA Prob Code § 15805 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 3 - TRUSTEES AND BENEFICIARIES|CHAPTER 2 - Beneficiaries|Section 15805.

15805.  Notwithstanding any other provision of law, the Attorney General is subject to the limitations on the rights of beneficiaries of revocable trusts provided by Sections 15800 to 15802, inclusive.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 16500 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 5 - Notice of Proposed Action by Trustee|Section 16500.

16500.  Subject to subdivision (d) of Section 16501, a trustee may give a notice of proposed action regarding a matter governed by Chapter 2 (commencing with Section 16200) or Chapter 3 (commencing with Section 16320) as provided in this chapter. For the purpose of this chapter, a proposed action includes a course of action or a decision not to take action. This chapter does not preclude an application or assertion of any other rights or remedies available to an interested party as otherwise provided in this part regarding an action to be taken or not to be taken by the trustee.(Added by Stats. 2004, Ch. 54, Sec. 2. Effective January 1, 2005.)