-- Last revised 01/23/24 --
Trust Rules of Construction - Study L-605
The Commission surveyed the existing Probate Code rules of construction for wills, trusts, and other estate planning instruments, which have been criticized in recent years as being overly broad. The Commission concluded that several of the rules should be limited in their application. A number should be repealed because they restate the common law (but do so in an incomplete fashion), because they repeat other statutes, or because they unduly inhibit the ability of the court to ascertain the donor's intent. The Commission also recommended further clarifications of existing statutes and improvements in terminology, and correction of statutes containing obsolete references to former law. The Commission's recommendation was enacted by the Legislature. See below.
Related Material
- Legislation
- Final Recommendation
- Tentative Recommendation
- Staff Memoranda
- Background Study
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Legislation
-
2002: Assembly Bill 1784 (Harman) -- Bill information at Legislative Counsel's website
Enacted. 2002 Cal. Stat. ch. 138
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Final Recommendation
- Recommendation -- Rules of Construction for Trusts and Other Instruments (11/15/2001)
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Tentative Recommendations and Other Requests for Comment
- Tentative Rec. -- Rules of Construction for Trusts and Other Instruments (March 2001)
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Staff Memoranda
- Memo 2001-85, Supp. 1 -- Rules of Construction for Trusts (Draft of Recommendation) (11/14/2001)
- Memo 2001-85 -- Rules of Construction for Trusts (Draft of Recommendation) (11/8/2001)
- Memo 2001-62, Supp. 1 -- Rules of Construction for Trusts (Additional Comments on Tentative Recommendation) (9/14/2001)
- Memo 2001-62 -- Rules of Construction for Trusts (Comments on Tentative Recommendation) (8/31/2001)
- Memo 2001-26 -- Rules of Construction for Trusts: Draft Tentative Recommendation (3/2/2001)
- Memo 2000-87, Supp. 1 -- Rules of Construction for Trusts (State Bar Comments) (12/13/2000)
- Memo 2000-87 -- Rules of Construction for Trusts (Discussion of Issues) (11/22/2000)
- Memo 2000-75 -- Rules of Construction for Trusts (Consultant's Study) (8/22/2000)
- Memo 2000-50 -- Rules of Construction for Trusts (Consultant's Study) (7/6/2000)
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Background Study
- Background Study -- Rules of Construction: Probate Code Sections 21101-21140; Prof. William McGovern (March 2000)