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California Law Revision Commission

-- Last revised 1/17/12 --

Presumptively Disqualified Fiduciary - Study L-623

    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.

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