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California Probate Code Annotated to CEB Publications 2018

Make your practice more efficient with this complete Probate Code, featuring cross-references to extensive discussions, guidance, and forms in the CEB estate planning library.

Make your practice more efficient with this complete Probate Code, featuring cross-references to extensive discussions, guidance, and forms in the CEB estate planning library.

  • Complete, up-to-date text of the Probate Code
  • Development notes that explain reforms, including Law Revision Commission comments
  • Text of recently repealed statutes
  • Special rules of construction
  • Special application dates
  • References to Judicial Council and other forms
  • Published annually to keep you up to date
Print ES31192

softcover, 2018

 

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$ 189.00

Make your practice more efficient with this complete Probate Code, featuring cross-references to extensive discussions, guidance, and forms in the CEB estate planning library.

  • Complete, up-to-date text of the Probate Code
  • Development notes that explain reforms, including Law Revision Commission comments
  • Text of recently repealed statutes
  • Special rules of construction
  • Special application dates
  • References to Judicial Council and other forms
  • Published annually to keep you up to date

2018 SELECTED DEVELOPMENTS

Selected highlights of the 2017 legislation include provisions that

  • Revise provisions authorizing modification or termination of an irrevocable trust on all beneficiaries' consent to permit the court to (1) terminate an irrevocable trust that is subject to a restraint on transfer of a beneficiary's interest if it finds good cause to do so and (2) limit a class of beneficiaries described as "heirs" or "next of kin," whose consent is necessary. Prob C §15403.

  • Authorize a trust to be modified by the written consent of the settlor and all beneficiaries without court approval. Prob C §15404.

  • Revise directions for how a trustee must allocate money to beneficiaries of an estate or trust as either principal or income, including how to determine that a distribution is a return of capital that is allocated to principal. Prob C §16350.

  • Add electronic delivery as a permitted means of notice, unless otherwise expressly provided. Prob C §1215, with conforming changes throughout (e.g., Prob C §§1511, 1822, 8110, 16501, 19024).

  • Require the notice of hearing on a Prob C §850 disputed property claim to include a description of the property, whether specified fees and costs are sought, and a statement that any interested person may file a response. Prob C §851.

  • Specify when a petitioner in certain actions, including a Prob C §850 or Prob C §17200 disputed property action, may commence discovery. Prob C §§851.1, 1000, 17201.1.

  • Permit a devise of property under a pourover will if the written instrument identifying the trust and its terms was executed within 60 days after the execution of the will (as well as if the instrument was executed before or concurrently with the will, as was already permitted). Prob C §6300.

  • Replace the term "gift" with the term "donative transfer" in code sections regarding the presumption of fraud or undue influence. Prob C §§21384, 21386.

  • Specify that the donative transfer provisions in Prob C §§21360--21392 supplement the common law of fraud as well as the common law of undue influence. Prob C §21392.

  • Clarify that a donative transfer is presumed to be the product of fraud or undue influence if it is made to a person who transcribed the instrument making the transfer or caused it to be transcribed and who was in a fiduciary relationship with the transferor when the instrument was transcribed. Prob C §21380.

  • Replace the term "dementia" with the term "major cognitive disorder" in conservatorship statutes. Prob C §§1981, 2356.5.

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PRODUCT GROUP Publication
Products specifications
PRODUCT GROUP Publication