PART 3.7. Presumption of Fraud or Undue Influence [21360. - 21392.]

Part 3.5 added by Stats. 2010, Ch. 620, Sec. 7.

§§ 21360–21392 · 15 sections

1. CHAPTER 1. Definitions §§ 21360–21374 · 7 sections

   • § 21360 The definitions in this chapter govern the construction of this part.
   • § 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…
   • § 21364 “Cohabitant” has the meaning provided in Section 13700 of the Penal Code.
   • § 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)…
   • § 21368 “Domestic partner” has the meaning provided in Section 297 of the Family Code.
   • § 21370 “Independent attorney” means an attorney who has no legal, business, financial, professional, or personal relationship with the beneficiary of a donative…
   • § 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…
2. CHAPTER 2. Operation and Effect of Presumption §§ 21380–21392 · 8 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 21390 This part applies notwithstanding a contrary provision in an instrument.
   • § 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…