-- Last revised 1/17/12 --

Presumptively Disqualified Fiduciary

    Probate Code Section 21350 establishes a presumption of menace, duress, fraud, or undue influence when a donative instrument makes a gift to specified types of "disqualified persons."
    Probate Code Section 15642 provides for disqualification of a trustee if the trustee is a "disqualified person" for the purpose of Section 21350.
    The Commission is studying whether the rule in Section 15642 should be expanded to apply to other types of fiduciairies who are "disqualified persons" for the purposes of Section 21350.
    If you have questions or comments on this study, send an e-mail to Brian Hebert at bhebert@clrc.ca.gov.

Related Material

• Commission Decisions (Meeting Minutes)
• Staff Memoranda
• Subscribe to Receive Notice of New Materials

---

Meeting Minutes

• August 28, 2009 Meeting in Sacramento
• April 23, 2009 Meeting in Sacramento

Top | CLRC Homepage

---

Staff Memoranda

• Memo 2009-36, Supp. 1 -- Presumptively Disqualified Fiduciary (Public Comment) (8/28/2009)

• Memo 2009-36 -- Presumptively Disqualified Fiduciary (Public Comment) (08/19/2009)

• Memo 2009-22, Supp. 2 -- Presumptively Disqualified Fiduciary (Introduction of Study) (04/21/2009)

• Memo 2009-22, Supp. 1 -- Presumptively Disqualified Fiduciary (Introduction of Study) (04/15/2009)

• Memo 2009-22 -- Presumptively Disqualified Fiduciary (Introduction of Study) (04/06/2009)

Top | CLRC Homepage

---

Subscribe

If you would like to receive email notification when new materials relating to this study are added to the website, please subscribe by entering your email address and clicking the "submit" button.

After you have submitted your email address, you will receive an email asking you to confirm. This prevents someone else from signing you up.

Every message sent to you under this subscription will include instructions on how to unsubscribe.

Your email address will not be shared with any other person or group.