Joel Anderson
- Republican
Author
Existing law creates a presumption of fraud or undue influence, under certain circumstances, for any instrument that makes a donative transfer to specified persons, including, among others, a person in a fiduciary relationship with the transferor who transcribed the instrument or caused it to be transcribed. This bill would recast this presumption to apply to a donative transfer to a person who transcribed the instrument or caused it to be transcribed and who was in a fiduciary relationship with the transferor when the instrument was transcribed. Existing law creates exceptions to presumptions of fraud or undue influence for gifts where the donative instrument is reviewed by an independent attorney who counsels the transferor, as specified, about the nature of the transfer. Existing law specifies how gifts operate if they fail under the provisions providing presumptions of fraud or undue influence for donative transfers. Existing case law construes the term "donative transfer" to include, in addition to gifts, a transfer for inadequate or unfair consideration. This bill would replace the term "gift" with the term "donative transfer" for purposes of these provisions. Existing law states the intent of the Legislature that the above-referenced provisions regarding these presumptions supplement the common law of undue influence. This bill would state that it is the intent of the Legislature that these rules also supplement the common law of fraud.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 56, Statutes of 2017.
Enrolled and presented to the Governor at 11 a.m.
In Senate. Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 74. Noes 0. Page 2259.) Ordered to the Senate.
Read second time. Ordered to consent calendar.
From committee: Do pass. Ordered to consent calendar. (Ayes 11. Noes 0.) (June 13).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 36. Noes 0. Page 768.) Ordered to the Assembly.
Read second time. Ordered to consent calendar.
From committee: Do pass. Ordered to consent calendar. (Ayes 6. Noes 0. Page 625.) (April 4).
Set for hearing April 4.
From printer. May be acted upon on or after February 18.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB153 | HTML |
| 01/18/17 - Introduced | |
| 06/21/17 - Enrolled | |
| 07/10/17 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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