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California Probate Code Section 21384

Legal Research Home > California Laws > Probate Code > California Probate Code Section 21384

21384.  (a) A gift 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 gift
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.

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Last modified: March 17, 2014