-- 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 firstname.lastname@example.org.
- 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)
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