PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101. - 21140.]

Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41.

§§ 21101–21140 · 25 sections

1. CHAPTER 1. General Provisions §§ 21101–21118 · 15 sections

   • § 21101 Unless the provision or context otherwise requires, this part applies to a will, trust, deed, and any other instrument.
   • § 21102 (a) The intention of the transferor as expressed in the instrument controls the legal effect of the dispositions made in the instrument. (b) The rules of…
   • § 21103 The meaning and legal effect of a disposition in an instrument is determined by the local law of a particular state selected by the transferor in the…
   • § 21104 As used in this part, “at-death transfer” means a transfer that is revocable during the lifetime of the transferor, but does not include a joint tenancy or…
   • § 21105 Except as otherwise provided in Sections 641 and 642, a will passes all property the testator owns at death, including property acquired after execution of the…
   • § 21107 If an instrument directs the conversion of real property into money at the transferor’s death, the real property and its proceeds shall be deemed personal…
   • § 21108 The law of this state does not include (a) the common law rule of worthier title that a transferor cannot devise an interest to his or her own heirs or (b) a…
   • § 21109 (a) A transferee who fails to survive the transferor of an at-death transfer or until any future time required by the instrument does not take under the…
   • § 21110 (a) Subject to subdivision (b), if a transferee is dead when the instrument is executed, or fails or is treated as failing to survive the transferor or until a…
   • § 21111 (a) Except as provided in subdivision (b) and subject to Section 21110, if a transfer fails for any reason, the property is transferred as follows: (1) If the…
   • § 21112 A condition in a transfer of a present or future interest that refers to a person’s death “with” or “without” issue, or to a person’s “having” or “leaving”…
   • § 21114 (a) If a statute or an instrument provides for transfer of a present or future interest to, or creates a present or future interest in, a designated person’s…
   • § 21115 (a) Except as provided in subdivision (b), halfbloods, adopted persons, persons born out of wedlock, stepchildren, foster children, and the issue of these…
   • § 21117 At-death transfers are classified as follows: (a) A specific gift is a transfer of specifically identifiable property. (b) A general gift is a transfer from…
   • § 21118 (a) If an instrument authorizes a fiduciary to satisfy a pecuniary gift wholly or partly by distribution of property other than money, property selected for…
2. CHAPTER 2. Ascertaining Meaning of Language Used in the Instrument §§ 21120–21122 · 3 sections

   • § 21120 The words of an instrument are to receive an interpretation that will give every expression some effect, rather than one that will render any of the…
   • § 21121 All parts of an instrument are to be construed in relation to each other and so as, if possible, to form a consistent whole. If the meaning of any part of an…
   • § 21122 The words of an instrument are to be given their ordinary and grammatical meaning unless the intention to use them in another sense is clear and their intended…
3. CHAPTER 3. Exoneration; Ademption §§ 21131–21139 · 6 sections

   • § 21131 A specific gift passes the property transferred subject to any mortgage, deed of trust, or other lien existing at the date of death, without right of…
   • § 21132 (a) If a transferor executes an instrument that makes an at-death transfer of securities and the transferor then owned securities that meet the description in…
   • § 21133 A recipient of an at-death transfer of a specific gift has a right to the property specifically given, to the extent the property is owned by the transferor at…
   • § 21134 (a) Except as otherwise provided in this section, if, after the execution of the instrument of gift, specifically given property is sold, or encumbered by a…
   • § 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…
   • § 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…
4. CHAPTER 4. Effective Dates § 21140 · 1 section

   • § 21140 This part applies to all instruments, regardless of when they were executed.