BlackletterCalifornia law

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

  1. 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…
  2. 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…
  3. CHAPTER 3. Termination of Deposit §§ 720–735 · 7 sections
    1. 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.
    2. 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…