California Probate Code CHAPTER 2 - Operation and Effect of Presumption

• Section 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...
• Section 21382.
  Section 21380 does not apply to any of the following instruments or transfers:(a) A donative transfer to a person who is related by blood or affinity,...
• Section 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...
• Section 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...
• Section 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...
• Section 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.)
• Section 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...

Last modified: October 22, 2018