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California Law Revision Commission

-- Last revised 11/12/02 --

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 A number should be repealed because they restate the common law (but do so in an incomplete fashion), because they repeat other statutes, or because they unduly inhibit the ability of the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.
    If you have questions or comments on this study, send an e-mail to Brian Hebert at

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Final Recommendation

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Tentative Recommendations and Other Requests for Comment

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Staff Memoranda

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Background Study

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