Tom Harman
- Republican
Author
Existing law generally prohibits an instrument from making a donative transfer to the person who drafted or transcribed the instrument and certain other disqualified persons. This provision is subject to specified exceptions, including when the instrument is reviewed by an independent attorney who counsels the client about the nature and consequences of the intended transfer, attempts to determine if the intended consequence is the result of fraud, menace, duress, or undue influence, and signs and delivers to the transferor a certificate of independent review. This bill would revise and recast these provisions to establish an express presumption of fraud or undue influence when a donative instrument makes a gift to the person who drafted or transcribed the instrument, and certain other disqualified persons. The bill would define relevant terms for purposes of these provisions and make other technical and conforming changes.
Chaptered by Secretary of State. Chapter 620, Statutes of 2010.
Approved by Governor.
Enrolled. To Governor at 4 p.m.
Senate concurs in Assembly amendments. (Ayes 35. Noes 0. Page 4654.) To enrollment.
In Senate. To unfinished business.
Read third time. Passed. (Ayes 74. Noes 0. Page 6244.) To Senate.
Read third time. Amended. (Page 6174.) To third reading.
Read second time. To third reading.
Read second time. Amended. To second reading.
(Heard in committee on June 29.)
From committee: Do pass as amended. (Ayes 10. Noes 0.)
(June 22 amended measure version corrected June 28.)
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.
To Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 38. Noes 0. Page 900.) To Assembly.
To Special Consent Calendar.
Read second time. To third reading.
From committee: Do pass. (Ayes 5. Noes 0. Page 808.)
Set for hearing May 5.
To Com. on JUD.
From print. May be acted upon on or after February 27.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB105 | HTML |
| 01/27/09 - Introduced | |
| 06/22/10 - Amended Assembly | |
| 08/02/10 - Amended Assembly | |
| 08/12/10 - Amended Assembly | |
| 08/23/10 - Enrolled | |
| 09/30/10 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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