reglab/housing_qa huggingface dataset:
CA Prob Code § 21139 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 1 - RULES FOR INTERPRETATION OF INSTRUMENTS|CHAPTER 3 - Exoneration; Ademption|Section 21139.

21139.  The rules stated in Sections 21133 to 21135, inclusive, are not exhaustive, and nothing in those sections is intended to increase the incidence of ademption under the law of this state.(Amended by Stats. 2002, Ch. 138, Sec. 40. Effective January 1, 2003.)
CA Prob Code § 21140 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 1 - RULES FOR INTERPRETATION OF INSTRUMENTS|CHAPTER 4 - Effective Dates|Section 21140.

21140.  This part applies to all instruments, regardless of when they were executed.(Amended by Stats. 2002, Ch. 138, Sec. 41. Effective January 1, 2003.)
CA Prob Code § 21230 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 2 - PERPETUITIES|CHAPTER 2 - Related Provisions|Section 21230.

21230.  The lives of individuals selected to govern the time of vesting pursuant to Article 2 (commencing with Section 21205) of Chapter 1 may not be so numerous or so situated that evidence of their deaths is likely to be unreasonably difficult to obtain.(Added by Stats. 1991, Ch. 156, Sec. 24.)
CA Prob Code § 21231 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 2 - PERPETUITIES|CHAPTER 2 - Related Provisions|Section 21231.

21231.  In determining the validity of a nonvested property interest pursuant to Article 2 (commencing with Section 21205) of Chapter 1, an individual described as the spouse of an individual alive at the commencement of the perpetuities period shall be deemed to be an individual alive when the interest is created, whether or not the individual so described was then alive.(Added by Stats. 1991, Ch. 156, Sec. 24.)
CA Prob Code § 21360 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 3.7 - Presumption of Fraud or Undue Influence|CHAPTER 1 - Definitions|Section 21360.

21360.  The definitions in this chapter govern the construction of this part.(Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.)
CA Prob Code § 21362 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 3.7 - Presumption of Fraud or Undue Influence|CHAPTER 1 - Definitions|Section 21362.

21362.  (a) “Care custodian” means a person who provides health or social services to a dependent adult, except that “care custodian” does not include a person who provided services without remuneration if the person had a personal relationship with the dependent adult (1) at least 90 days before providing those services, (2) at least six months before the dependent adult’s death, and (3) before the dependant adult was admitted to hospice care, if the dependent adult was admitted to hospice care. As used in this subdivision, “remuneration” does not include the donative transfer at issue under this chapter or the reimbursement of expenses.(b) For the purposes of this section, “health and social services” means services provided to a dependent adult because of the person’s dependent condition, including, but not limited to, the administration of medicine, medical testing, wound care, assistance with hygiene, companionship, housekeeping, shopping, cooking, and assistance with finances.(Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.)
CA Prob Code § 21364 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 3.7 - Presumption of Fraud or Undue Influence|CHAPTER 1 - Definitions|Section 21364.

21364.  “Cohabitant” has the meaning provided in Section 13700 of the Penal Code.(Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.)
CA Prob Code § 21366 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 3.7 - Presumption of Fraud or Undue Influence|CHAPTER 1 - Definitions|Section 21366.

21366.  “Dependent adult” means a person who, at the time of executing the instrument at issue under this part, was a person described in either of the following:(a) The person was 65 years of age or older and satisfied one or both of the following criteria:(1) The person was unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter.(2) Due to one or more deficits in the mental functions listed in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 811, the person had difficulty managing his or her own financial resources or resisting fraud or undue influence.(b) The person was 18 years of age or older and satisfied one or both of the following criteria:(1) The person was unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter.(2) Due to one or more deficits in the mental functions listed in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 811, the person had substantial difficulty managing his or her own financial resources or resisting fraud or undue influence.(Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.)
CA Prob Code § 21368 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 3.7 - Presumption of Fraud or Undue Influence|CHAPTER 1 - Definitions|Section 21368.

21368.  “Domestic partner” has the meaning provided in Section 297 of the Family Code.(Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.)
CA Prob Code § 21370 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 3.7 - Presumption of Fraud or Undue Influence|CHAPTER 1 - Definitions|Section 21370.

21370.  “Independent attorney” means an attorney who has no legal, business, financial, professional, or personal relationship with the beneficiary of a donative transfer at issue under this part, and who would not be appointed as a fiduciary or receive any pecuniary benefit as a result of the operation of the instrument containing the donative transfer at issue under this part.(Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.)
CA Prob Code § 21374 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 3.7 - Presumption of Fraud or Undue Influence|CHAPTER 1 - Definitions|Section 21374.

21374.  (a) A person who is “related by blood or affinity” to a specified person means any of the following persons:(1) A spouse or domestic partner of the specified person.(2) A relative within a specified degree of kinship to the specified person or within a specified degree of kinship to the spouse or domestic partner of the specified person.(3) The spouse or domestic partner of a person described in paragraph (2).(b) For the purposes of this section, “spouse or domestic partner” includes a predeceased spouse or predeceased domestic partner.(c) In determining a relationship under this section, Sections 6406 and 6407, and Chapter 2 (commencing with Section 6450) of Part 2 of Division 6, are applicable.(Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.)
CA Prob Code § 21380 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 3.7 - Presumption of Fraud or Undue Influence|CHAPTER 2 - Operation and Effect of Presumption|Section 21380.

21380.  (a) A provision of an instrument making a donative transfer to any of the following persons is presumed to be the product of fraud or undue influence:(1) The person who drafted the instrument.(2) A person who transcribed the instrument or caused it to be transcribed and who was in a fiduciary relationship with the transferor when the instrument was transcribed.(3) A care custodian of a transferor who is a dependent adult, but only if the instrument was executed during the period in which the care custodian provided services to the transferor, or within 90 days before or after that period.(4) A care custodian who commenced a marriage, cohabitation, or domestic partnership with a transferor who is a dependent adult while providing services to that dependent adult, or within 90 days after those services were last provided to the dependent adult, if the donative transfer occurred, or the instrument was executed, less than six months after the marriage, cohabitation, or domestic partnership commenced.(5) A person who is related by blood or affinity, within the third degree, to any person described in paragraphs (1) to (3), inclusive.(6) A cohabitant or employee of any person described in paragraphs (1) to (3), inclusive.(7) A partner, shareholder, or employee of a law firm in which a person described in paragraph (1) or (2) has an ownership interest.(b) The presumption created by this section is a presumption affecting the burden of proof. The presumption may be rebutted by proving, by clear and convincing evidence, that the donative transfer was not the product of fraud or undue influence.(c) Notwithstanding subdivision (b), with respect to a donative transfer to the person who drafted the donative instrument, or to a person who is related to, or associated with, the drafter as described in paragraph (5), (6), or (7) of subdivision (a), the presumption created by this section is conclusive.(d) If a beneficiary is unsuccessful in rebutting the presumption, the beneficiary shall bear all costs of the proceeding, including reasonable attorney’s fees.(Amended by Stats. 2019, Ch. 10, Sec. 1. (AB 328) Effective January 1, 2020.)
CA Prob Code § 21382 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 3.7 - Presumption of Fraud or Undue Influence|CHAPTER 2 - Operation and Effect of Presumption|Section 21382.

21382.  Section 21380 does not apply to any of the following instruments or transfers:(a) Except as provided in paragraph (4) of subdivision (a) of Section 21380, a donative transfer to a person who is related by blood or affinity, within the fourth degree, to the transferor or is the cohabitant of the transferor.(b) An instrument that is drafted or transcribed by a person who is related by blood or affinity, within the fourth degree, to the transferor or is the cohabitant of the transferor.(c) An instrument that is approved pursuant to an order under Article 10 (commencing with Section 2580) of Chapter 6 of Part 4 of Division 4, after full disclosure of the relationships of the persons involved.(d) A donative transfer to a federal, state, or local public entity, an entity that qualifies for an exemption from taxation under Section 501(c)(3) or 501(c)(19) of the Internal Revenue Code, or a trust holding the transferred property for the entity.(e) A donative transfer of property valued at five thousand dollars ($5,000) or less, if the total value of the transferor’s estate equals or exceeds the amount stated in Section 13100.(f) An instrument executed outside of California by a transferor who was not a resident of California when the instrument was executed.(Amended by Stats. 2019, Ch. 10, Sec. 2. (AB 328) Effective January 1, 2020.)
CA Prob Code § 21384 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 3.7 - Presumption of Fraud or Undue Influence|CHAPTER 2 - Operation and Effect of Presumption|Section 21384.

21384.  (a) A donative transfer is not subject to Section 21380 if the instrument is reviewed by an independent attorney who counsels the transferor, out of the presence of any heir or proposed beneficiary, about the nature and consequences of the intended transfer, including the effect of the intended transfer on the transferor’s heirs and on any beneficiary of a prior donative instrument, attempts to determine if the intended transfer is the result of fraud or undue influence, and signs and delivers to the transferor an original certificate in substantially the following form:“CERTIFICATE OF INDEPENDENT REVIEWI, , have reviewed(attorney’s name)and have counseled the transferor,(name of instrument), on the nature and consequences of any(name of transferor)transfers of property to (name of person described in Section 21380 of the Probate Code)that would be made by the instrument.I am an “independent attorney” as defined in Section 21370 of the Probate Code and am in a position to advise the transferor independently, impartially, and confidentially as to the consequences of the transfer.On the basis of this counsel, I conclude that the transfers to that would(name of person described in Section 21380 of the Probate Code)be made by the instrument are not the product of fraud or undue influence.”(Name of Attorney)(Date)(b) An attorney whose written engagement, signed by the transferor, is expressly limited solely to compliance with the requirements of this section, shall not be considered to otherwise represent the transferor as a client.(c) An attorney who drafts an instrument can review and certify the same instrument pursuant to this section, but only as to a donative transfer to a care custodian. In all other circumstances, an attorney who drafts an instrument may not review and certify the instrument.(d) If the certificate is prepared by an attorney other than the attorney who drafted the instrument that is under review, a copy of the signed certification shall be provided to the drafting attorney.(Amended by Stats. 2017, Ch. 56, Sec. 2. (SB 153) Effective January 1, 2018.)
CA Prob Code § 21385 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 3.7 - Presumption of Fraud or Undue Influence|CHAPTER 2 - Operation and Effect of Presumption|Section 21385.

21385.  (a) An at-death transfer, as defined in Section 21104, between spouses by will, revocable trust, beneficiary form, or other instrument is not subject to Section 721 of the Family Code or any presumptions of undue influence created by that section.(b) This section does not limit the application of any other statutory or common law presumptions of undue influence that may apply to an at-death transfer between spouses.(Added by Stats. 2019, Ch. 43, Sec. 2. (AB 327) Effective January 1, 2020.)
CA Prob Code § 21386 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 3.7 - Presumption of Fraud or Undue Influence|CHAPTER 2 - Operation and Effect of Presumption|Section 21386.

21386.  If a donative transfer fails under this part, the instrument making the donative transfer shall operate as if the beneficiary had predeceased the transferor without spouse, domestic partner, or issue.(Amended by Stats. 2017, Ch. 56, Sec. 3. (SB 153) Effective January 1, 2018.)
CA Prob Code § 21388 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 3.7 - Presumption of Fraud or Undue Influence|CHAPTER 2 - Operation and Effect of Presumption|Section 21388.

21388.  (a) A person is not liable for transferring property pursuant to an instrument that is subject to the presumption created under this part, unless the person is served with notice, prior to transferring the property, that the instrument has been contested under this part.(b) A person who is served with notice that an instrument has been contested under this part is not liable for failing to transfer property pursuant to the instrument, unless the person is served with notice that the validity of the transfer has been conclusively determined by a court.(Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.)
CA Prob Code § 21390 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 3.7 - Presumption of Fraud or Undue Influence|CHAPTER 2 - Operation and Effect of Presumption|Section 21390.

21390.  This part applies notwithstanding a contrary provision in an instrument.(Added by Stats. 2010, Ch. 620, Sec. 7. (SB 105) Effective January 1, 2011.)
CA Prob Code § 21392 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 3.7 - Presumption of Fraud or Undue Influence|CHAPTER 2 - Operation and Effect of Presumption|Section 21392.

21392.  (a) This part shall apply to instruments that become irrevocable on or after January 1, 2011. For the purposes of this section, an instrument that is otherwise revocable or amendable shall be deemed to be irrevocable if, on or after January 1, 2011, the transferor by reason of incapacity was unable to change the disposition of the transferor’s property and did not regain capacity before the date of the transferor’s death.(b) It is the intent of the Legislature that this part supplement the common law on fraud and undue influence, without superseding or interfering in the operation of that law. Nothing in this part precludes an action to contest a donative transfer under the common law or under any other applicable law. This subdivision is declarative of existing law.(Amended by Stats. 2017, Ch. 56, Sec. 4. (SB 153) Effective January 1, 2018.)
CA Prob Code § 21500 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 5 - COMPLIANCE WITH INTERNAL REVENUE CODE|CHAPTER 1 - General Provisions|Section 21500.

21500.  As used in this part, “Internal Revenue Code” means the Internal Revenue Code of 1986, as amended from time to time. A reference to a provision of the Internal Revenue Code includes any subsequent provision of law enacted in its place.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 21501 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 5 - COMPLIANCE WITH INTERNAL REVENUE CODE|CHAPTER 1 - General Provisions|Section 21501.

21501.  (a) This part applies to a distribution made on or after January 1, 1988, whether the transferor died before, on, or after that date.(b) A distribution made on or after January 1, 1983, and before January 1, 1988, is governed by the applicable law in effect before January 1, 1988.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 21502 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 5 - COMPLIANCE WITH INTERNAL REVENUE CODE|CHAPTER 1 - General Provisions|Section 21502.

21502.  (a) This part does not apply to an instrument the terms of which expressly or by necessary implication make this part inapplicable.(b) By an appropriate statement made in an instrument, the transferor may incorporate by reference any or all of the provisions of this part. The effect of incorporating a provision of this part in an instrument is to make the incorporated provision a part of the instrument as though the language of the incorporated provision were set forth verbatim in the instrument. Unless an instrument incorporating a provision of this part provides otherwise, the instrument automatically incorporates the provision’s amendments.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 21503 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 5 - COMPLIANCE WITH INTERNAL REVENUE CODE|CHAPTER 1 - General Provisions|Section 21503.

21503.  (a) If an instrument includes a formula intended to eliminate the federal estate tax, the formula shall be applied to eliminate or to reduce to the maximum extent possible the federal estate tax.(b) If an instrument includes a formula that refers to a maximum fraction or amount that will not result in a federal estate tax, the formula shall be construed to refer to the maximum fraction or amount that will not result in or increase the federal estate tax.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 21520 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 5 - COMPLIANCE WITH INTERNAL REVENUE CODE|CHAPTER 2 - Marital Deduction Gifts|Section 21520.

21520.  As used in this chapter:(a) “Marital deduction” means the federal estate tax deduction allowed for transfers under Section 2056 of the Internal Revenue Code or the federal gift tax deduction allowed for transfers under Section 2523 of the Internal Revenue Code.(b) “Marital deduction gift” means a transfer of property that is intended to qualify for the marital deduction.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 21521 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 5 - COMPLIANCE WITH INTERNAL REVENUE CODE|CHAPTER 2 - Marital Deduction Gifts|Section 21521.

21521.  Sections 21524 and 21526 do not apply to a trust that qualifies for the marital deduction under Section 20.2056(e)-2(b) of the Code of Federal Regulations (commonly referred to as the “estate trust”).(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 21522 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 5 - COMPLIANCE WITH INTERNAL REVENUE CODE|CHAPTER 2 - Marital Deduction Gifts|Section 21522.

21522.  If an instrument contains a marital deduction gift:(a) The provisions of the instrument, including any power, duty, or discretionary authority given to a fiduciary, shall be construed to comply with the marital deduction provisions of the Internal Revenue Code.(b) The fiduciary shall not take any action or have any power that impairs the deduction as applied to the marital deduction gift.(c) The marital deduction gift may be satisfied only with property that qualifies for the marital deduction.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 21523 (2021)
2021 California Code|Probate Code - PROB|DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS|PART 5 - COMPLIANCE WITH INTERNAL REVENUE CODE|CHAPTER 2 - Marital Deduction Gifts|Section 21523.

21523.  (a) The Economic Recovery Tax Act of 1981 was enacted August 13, 1981. This section applies to an instrument executed before September 12, 1981 (before 30 days after enactment of the Economic Recovery Tax Act of 1981).(b) If an instrument described in subdivision (a) indicates the transferor’s intention to make a gift that will provide the maximum allowable marital deduction, the instrument passes to the recipient an amount equal to the maximum amount of the marital deduction that would have been allowed as of the date of the gift under federal law as it existed before enactment of the Economic Recovery Tax Act of 1981, with adjustments for the following, if applicable:(1) The provisions of Section 2056(c)(1)(B) and (C) of the Internal Revenue Code in effect immediately before enactment of the Economic Recovery Tax Act of 1981.(2) To reduce the amount passing under the gift by the final federal estate tax values of any other property that passes under or outside of the instrument and qualifies for the marital deduction. This subdivision does not apply to qualified terminable interest property under Section 2056(b)(7) of the Internal Revenue Code.(Enacted by Stats. 1990, Ch. 79.)