PART 15. DEPOSIT OF ESTATE PLANNING DOCUMENTS WITH ATTORNEY [700. - 735.]
Part 15 added by Stats. 1993, Ch. 519, Sec. 4.
§§ 700–735 · 19 sections
CHAPTER 1. Definitions §§ 700–704 · 5 sections
- § 700 Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
- § 701 “Attorney” means an individual licensed to practice law in this state.
- § 702 “Deposit” means delivery of a document by a depositor to an attorney for safekeeping or authorization by a depositor for an attorney to retain a document for…
- § 703 “Depositor” means a natural person who deposits the person’s document with an attorney.
- § 704 “Document” means any of the following: (a) A signed original will, declaration of trust, trust amendment, or other document modifying a will or trust. (b) A…
CHAPTER 2. Duties and Liabilities of Attorney §§ 710–716 · 7 sections
- § 710 If a document is deposited with an attorney, the attorney, and a successor attorney that accepts transfer of the document, shall use ordinary care for…
- § 711 If a document deposited with an attorney is lost or destroyed, the attorney shall give notice of the loss or destruction to the depositor by one of the…
- § 712 Notwithstanding failure of an attorney to satisfy the standard of care required by Section 710 or 716, the attorney is not liable for loss or destruction of…
- § 713 The acceptance by an attorney of a document for deposit imposes no duty on the attorney to do either of the following: (a) Inquire into the content, validity,…
- § 714 (a) If so provided in a written agreement signed by the depositor, an attorney may charge the depositor for compensation and expenses incurred in safekeeping…
- § 715 An attorney may give written notice to a depositor, and obtain written acknowledgment from the depositor, in the following form: NOTICE AND ACKNOWLEDGMENT To:…
- § 716 Notwithstanding Section 710, if an attorney has given written notice to the depositor, and has obtained written acknowledgment from the depositor, in…
CHAPTER 3. Termination of Deposit §§ 720–735 · 7 sections
ARTICLE 1. Termination by Depositor § 720 · 1 section
- § 720 A depositor may terminate a deposit on demand, in which case the attorney shall deliver the document to the depositor.
ARTICLE 2. Termination by Attorney §§ 730–735 · 6 sections
- § 730 An attorney with whom a document has been deposited, or to whom a document has been transferred pursuant to this article, may terminate the deposit only as…
- § 731 An attorney may terminate the deposit by one of the following methods: (a) Personal delivery of the document to the depositor. (b) Mailing the document to the…
- § 732 (a) An attorney may terminate a deposit under this section if the attorney has delivered notice pursuant to Section 1215 to reclaim the document to the…
- § 733 (a) An attorney transferring one or more documents under Section 732 shall deliver notice pursuant to Section 1215 of the transfer to the State Bar of…
- § 734 (a) In cases not governed by subdivision (b) or (c), after the death of the depositor an attorney may terminate a deposit by personal delivery of the document…
- § 735 (a) If the attorney is deceased or lacks legal capacity, a deposit may be terminated as provided in this article by the attorney’s law partner, by a…