CHAPTER 2. Operation and Effect of Presumption

Chapter 2 added by Stats. 2010, Ch. 620, Sec. 7.

§§ 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…