reglab/statecodes huggingface dataset:
2023 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 21135.

21135. (a) Property given by a transferor during his or her lifetime to a person is treated as a satisfaction of an at-death transfer to that person in whole or in part only if one of the following conditions is satisfied:
(1) The instrument provides for deduction of the lifetime gift from the at-death transfer.
(2) The transferor declares in a contemporaneous writing that the gift is in satisfaction of the at-death transfer or that its value is to be deducted from the value of the at-death transfer.
(3) The transferee acknowledges in writing that the gift is in satisfaction of the at-death transfer or that its value is to be deducted from the value of the at-death transfer.
(4) The property given is the same property that is the subject of a specific gift to that person.
(b) Subject to subdivision (c), for the purpose of partial satisfaction, property given during lifetime is valued as of the time the transferee came into possession or enjoyment of the property or as of the time of death of the transferor, whichever occurs first.
(c) If the value of the gift is expressed in the contemporaneous writing of the transferor, or in an acknowledgment of the transferee made contemporaneously with the gift, that value is conclusive in the division and distribution of the estate.
(d) If the transferee fails to survive the transferor, the gift is treated as a full or partial satisfaction of the gift, as the case may be, in applying Sections 21110 and 21111 unless the transferor’s contemporaneous writing provides otherwise.
(Amended by Stats. 2002, Ch. 138, Sec. 36. Effective January 1, 2003.)
2023 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.)
2023 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.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 2 - PERPETUITIES › CHAPTER 1 - Uniform Statutory Rule Against Perpetuities › ARTICLE 1 - General Provisions › Section 21200.

21200. This chapter shall be known and may be cited as the Uniform Statutory Rule Against Perpetuities.
(Added by Stats. 1991, Ch. 156, Sec. 24.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 2 - PERPETUITIES › CHAPTER 1 - Uniform Statutory Rule Against Perpetuities › ARTICLE 1 - General Provisions › Section 21201.

21201. This chapter supersedes the common law rule against perpetuities.
(Added by Stats. 1991, Ch. 156, Sec. 24.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 2 - PERPETUITIES › CHAPTER 1 - Uniform Statutory Rule Against Perpetuities › ARTICLE 1 - General Provisions › Section 21202.

21202. (a) Except as provided in subdivision (b), this part applies to nonvested property interests and unexercised powers of appointment regardless of whether they were created before, on, or after January 1, 1992.
(b) This part does not apply to any property interest or power of appointment the validity of which has been determined in a judicial proceeding or by a settlement among interested persons.
(Added by Stats. 1991, Ch. 156, Sec. 24.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 2 - PERPETUITIES › CHAPTER 1 - Uniform Statutory Rule Against Perpetuities › ARTICLE 2 - Statutory Rule Against Perpetuities › Section 21205.

21205. A nonvested property interest is invalid unless one of the following conditions is satisfied:
(a) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive.
(b) The interest either vests or terminates within 90 years after its creation.
(Added by Stats. 1991, Ch. 156, Sec. 24.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 2 - PERPETUITIES › CHAPTER 1 - Uniform Statutory Rule Against Perpetuities › ARTICLE 2 - Statutory Rule Against Perpetuities › Section 21206.

21206. A general power of appointment not presently exercisable because of a condition precedent is invalid unless one of the following conditions is satisfied:
(a) When the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than 21 years after the death of an individual then alive.
(b) The condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation.
(Added by Stats. 1991, Ch. 156, Sec. 24.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 2 - PERPETUITIES › CHAPTER 1 - Uniform Statutory Rule Against Perpetuities › ARTICLE 2 - Statutory Rule Against Perpetuities › Section 21207.

21207. A nongeneral power of appointment or a general testamentary power of appointment is invalid unless one of the following conditions is satisfied:
(a) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive.
(b) The power is irrevocably exercised or otherwise terminates within 90 years after its creation.
(Added by Stats. 1991, Ch. 156, Sec. 24.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 2 - PERPETUITIES › CHAPTER 1 - Uniform Statutory Rule Against Perpetuities › ARTICLE 2 - Statutory Rule Against Perpetuities › Section 21208.

21208. In determining whether a nonvested property interest or a power of appointment is valid under this article, the possibility that a child will be born to an individual after the individual’s death is disregarded.
(Added by Stats. 1991, Ch. 156, Sec. 24.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 2 - PERPETUITIES › CHAPTER 1 - Uniform Statutory Rule Against Perpetuities › ARTICLE 2 - Statutory Rule Against Perpetuities › Section 21209.

21209. (a) If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (1) seeks to disallow the vesting or termination of any interest or trust beyond, (2) seeks to postpone the vesting or termination of any interest or trust until, or (3) seeks to operate in effect in any similar fashion upon, the later of (A) the expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement or (B) the expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement, that language is inoperative to the extent it produces a period that exceeds 21 years after the death of the survivor of the specified lives.
(b) Notwithstanding Section 21202, this section applies only to governing instruments, including instruments exercising powers of appointment, executed on or after January 1, 1992.
(Added by Stats. 1991, Ch. 156, Sec. 24.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 2 - PERPETUITIES › CHAPTER 1 - Uniform Statutory Rule Against Perpetuities › ARTICLE 3 - Time of Creation of Interest › Section 21210.

21210. Except as provided in Sections 21211 and 21212, the time of creation of a nonvested property interest or a power of appointment is determined by other applicable statutes or, if none, under general principles of property law.
(Added by Stats. 1991, Ch. 156, Sec. 24.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 2 - PERPETUITIES › CHAPTER 1 - Uniform Statutory Rule Against Perpetuities › ARTICLE 3 - Time of Creation of Interest › Section 21211.

21211. For purposes of this chapter:
(a) If there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (1) a nonvested property interest or (2) a property interest subject to a power of appointment described in Section 21206 or 21207, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.
(b) A joint power with respect to community property held by individuals married to each other is a power exercisable by one person alone.
(Added by Stats. 1991, Ch. 156, Sec. 24.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 2 - PERPETUITIES › CHAPTER 1 - Uniform Statutory Rule Against Perpetuities › ARTICLE 3 - Time of Creation of Interest › Section 21212.

21212. For purposes of this chapter, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
(Added by Stats. 1991, Ch. 156, Sec. 24.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 2 - PERPETUITIES › CHAPTER 1 - Uniform Statutory Rule Against Perpetuities › ARTICLE 4 - Reformation › Section 21220.

21220. On petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the 90 years allowed by the applicable provision in Article 2 (commencing with Section 21205), if any of the following conditions is satisfied:
(a) A nonvested property interest or a power of appointment becomes invalid under the statutory rule against perpetuities provided in Article 2 (commencing with Section 21205).
(b) A class gift is not but might become invalid under the statutory rule against perpetuities provided in Article 2 (commencing with Section 21205), and the time has arrived when the share of any class member is to take effect in possession or enjoyment.
(c) A nonvested property interest that is not validated by subdivision (a) of Section 21205 can vest but not within 90 years after its creation.
(Added by Stats. 1991, Ch. 156, Sec. 24.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 2 - PERPETUITIES › CHAPTER 1 - Uniform Statutory Rule Against Perpetuities › ARTICLE 5 - Exclusions from Statutory Rule Against Perpetuities › Section 21225.

21225. Article 2 (commencing with Section 21205) does not apply to any of the following:
(a) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of (1) a premarital or postmarital agreement, (2) a separation or divorce settlement, (3) a spouse’s election, (4) or a similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties, (5) a contract to make or not to revoke a will or trust, (6) a contract to exercise or not to exercise a power of appointment, (7) a transfer in satisfaction of a duty of support, or (8) a reciprocal transfer.
(b) A fiduciary’s power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income.
(c) A power to appoint a fiduciary.
(d) A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal.
(e) A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision.
(f) A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse.
(g) A property interest, power of appointment, or arrangement that was not subject to the common law rule against perpetuities or is excluded by another statute of this state.
(h) A trust created for the purpose of providing for its beneficiaries under hospital service contracts, group life insurance, group disability insurance, group annuities, or any combination of such insurance, as defined in the Insurance Code.
(Amended by Stats. 1996, Ch. 563, Sec. 33. Effective January 1, 1997.)
2023 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.)
2023 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.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 3 - NO CONTEST CLAUSE › Section 21310.

21310. As used in this part:
(a) “Contest” means a pleading filed with the court by a beneficiary that would result in a penalty under a no contest clause, if the no contest clause is enforced.
(b) “Direct contest” means a contest that alleges the invalidity of a protected instrument or one or more of its terms, based on one or more of the following grounds:
(1) Forgery.
(2) Lack of due execution.
(3) Lack of capacity.
(4) Menace, duress, fraud, or undue influence.
(5) Revocation of a will pursuant to Section 6120, revocation of a trust pursuant to Section 15401, or revocation of an instrument other than a will or trust pursuant to the procedure for revocation that is provided by statute or by the instrument.
(6) Disqualification of a beneficiary under Section 6112, 21350, or 21380.
(c) “No contest clause” means a provision in an otherwise valid instrument that, if enforced, would penalize a beneficiary for filing a pleading in any court.
(d) “Pleading” means a petition, complaint, cross-complaint, objection, answer, response, or claim.
(e) “Protected instrument” means all of the following instruments:
(1) The instrument that contains the no contest clause.
(2) An instrument that is in existence on the date that the instrument containing the no contest clause is executed and is expressly identified in the no contest clause, either individually or as part of an identifiable class of instruments, as being governed by the no contest clause.
(Amended by Stats. 2010, Ch. 620, Sec. 5. (SB 105) Effective January 1, 2011.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 3 - NO CONTEST CLAUSE › Section 21311.

21311. (a) A no contest clause shall only be enforced against the following types of contests:
(1) A direct contest that is brought without probable cause.
(2) A pleading to challenge a transfer of property on the grounds that it was not the transferor’s property at the time of the transfer. A no contest clause shall only be enforced under this paragraph if the no contest clause expressly provides for that application.
(3) The filing of a creditor’s claim or prosecution of an action based on it. A no contest clause shall only be enforced under this paragraph if the no contest clause expressly provides for that application.
(b) For the purposes of this section, probable cause exists if, at the time of filing a contest, the facts known to the contestant would cause a reasonable person to believe that there is a reasonable likelihood that the requested relief will be granted after an opportunity for further investigation or discovery.
(Added by Stats. 2008, Ch. 174, Sec. 2. Effective January 1, 2009. Operative January 1, 2010, by Sec. 3 of Ch. 174.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 3 - NO CONTEST CLAUSE › Section 21312.

21312. In determining the intent of the transferor, a no contest clause shall be strictly construed.
(Added by Stats. 2008, Ch. 174, Sec. 2. Effective January 1, 2009. Operative January 1, 2010, by Sec. 3 of Ch. 174.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 3 - NO CONTEST CLAUSE › Section 21313.

21313. This part is not intended as a complete codification of the law governing enforcement of a no contest clause. The common law governs enforcement of a no contest clause to the extent this part does not apply.
(Added by Stats. 2008, Ch. 174, Sec. 2. Effective January 1, 2009. Operative January 1, 2010, by Sec. 3 of Ch. 174.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 3 - NO CONTEST CLAUSE › Section 21314.

21314. This part applies notwithstanding a contrary provision in the instrument.
(Added by Stats. 2008, Ch. 174, Sec. 2. Effective January 1, 2009. Operative January 1, 2010, by Sec. 3 of Ch. 174.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 3 - NO CONTEST CLAUSE › Section 21315.

21315. (a) This part applies to any instrument, whenever executed, that became irrevocable on or after January 1, 2001.
(b) This part does not apply to an instrument that became irrevocable before January 1, 2001.
(Added by Stats. 2008, Ch. 174, Sec. 2. Effective January 1, 2009. Operative January 1, 2010, by Sec. 3 of Ch. 174.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 REVIEW
I, , 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 4 - ABATEMENT › Section 21400.

21400. Notwithstanding any other provision of this part, if the instrument provides for abatement, or if the transferor’s plan or if the purpose of the transfer would be defeated by abatement as provided in this part, the shares of beneficiaries abate as is necessary to effectuate the instrument, plan, or purpose.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 4 - ABATEMENT › Section 21401.

21401. Except as provided in Sections 21612 (omitted spouse) and 21623 (omitted children) and in Division 10 (commencing with Section 20100) (proration of taxes), shares of beneficiaries abate as provided in this part for all purposes, including payment of the debts, expenses, and charges specified in Section 11420, satisfaction of gifts, and payment of expenses on specifically devised property pursuant to Section 12002, and without any priority as between real and personal property.
(Amended by Stats. 2003, Ch. 32, Sec. 15. Effective January 1, 2004.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 4 - ABATEMENT › Section 21402.

21402. (a) Shares of beneficiaries abate in the following order:
(1) Property not disposed of by the instrument.
(2) Residuary gifts.
(3) General gifts to persons other than the transferor’s relatives.
(4) General gifts to the transferor’s relatives.
(5) Specific gifts to persons other than the transferor’s relatives.
(6) Specific gifts to the transferor’s relatives.
(b) For purposes of this section, a “relative” of the transferor is a person to whom property would pass from the transferor under Section 6401 or 6402 (intestate succession) if the transferor died intestate and there were no other person having priority.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 4 - ABATEMENT › Section 21403.

21403. (a) Subject to subdivision (b), shares of beneficiaries abate pro rata within each class specified in Section 21402.
(b) Gifts of annuities and demonstrative gifts are treated as specific gifts to the extent they are satisfied out of the fund or property specified in the gift and as general gifts to the extent they are satisfied out of property other than the fund or property specified in the gift.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 4 - ABATEMENT › Section 21404.

21404. If an instrument requires property that is the subject of a specific gift to be exonerated from a mortgage, deed of trust, or other lien, a specific gift of other property does not abate for the purpose of exonerating the encumbered property.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 4 - ABATEMENT › Section 21405.

21405. (a) In any case in which there is abatement when a distribution is made during estate administration, the court shall fix the amount each distributee must contribute for abatement. The personal representative shall reduce the distributee’s share by that amount.
(b) If a specific gift must be abated, the beneficiary of the specific gift may satisfy the contribution for abatement out of the beneficiary’s property other than the property that is the subject of the specific gift.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 11 - CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS › PART 4 - ABATEMENT › Section 21406.

21406. (a) This part does not apply to a gift made before July 1, 1989. In the case of a gift made before July 1, 1989, the law that would have applied had this part not been enacted shall apply.
(b) For purposes of this section a gift by will is made on the date of the decedent’s death.
(Enacted by Stats. 1990, Ch. 79.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 21524.

21524. If a marital deduction gift is made in trust, in addition to the other provisions of this chapter, each of the following provisions also applies to the marital deduction trust:
(a) The transferor’s spouse is the only beneficiary of income or principal of the marital deduction property as long as the spouse is alive. Nothing in this subdivision precludes exercise by the transferor’s spouse of a power of appointment included in a trust that qualifies as a general power of appointment marital deduction trust.
(b)  The transferor’s spouse is entitled to all of the income of the marital deduction property not less frequently than annually, as long as the spouse is alive. For purposes of this subdivision, income shall be construed in a manner consistent with subdivision (b) of Section 2056 and subdivision (f) of Section 2523 of the Internal Revenue Code and shall include a unitrust payment or other allocation of income determined pursuant to a reasonable apportionment of total investment return that meets the requirements of Section 643 of the Internal Revenue Code and the regulations adopted pursuant to that statute.
(c) The transferor’s spouse has the right to require that the trustee of the trust make unproductive marital deduction property productive or to convert it into productive property within a reasonable time.
(Amended by Stats. 2016, Ch. 140, Sec. 1. (SB 1265) Effective January 1, 2017.)
2023 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 21525.

21525. (a) If an instrument that makes a marital deduction gift includes a condition that the transferor’s spouse survive the transferor by a period that exceeds or may exceed six months, other than a condition described in subdivision (b), the condition shall be limited to six months as applied to the marital deduction gift.
(b) If an instrument that makes a marital deduction gift includes a condition that the transferor’s spouse survive a common disaster that results in the death of the transferor, the condition shall be limited to the time of the final audit of the federal estate tax return for the transferor’s estate, if any, as applied to the marital deduction gift.
(c) The amendment of subdivision (a) made by Chapter 113 of the Statutes of 1988 is declaratory of, and not a change in, either existing law or former Section 1036 (repealed by Chapter 923 of the Statutes of 1987).
(Enacted by Stats. 1990, Ch. 79.)
2023 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 21526.

21526. A fiduciary is not liable for a good faith decision to make any election, or not to make any election, referred to in Section 2056(b)(7) or Section 2523(f) of the Internal Revenue Code.
(Enacted by Stats. 1990, Ch. 79.)