(Download) "Rice V. Clark" by California Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Rice V. Clark
- Author : California Supreme Court
- Release Date : January 10, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Probate Code section 21350 presumptively disqualifies, as the recipient of a donative transfer by instrument, a person who drafts the instrument (id., subd. (a)(1)) or who, having a fiduciary relationship with the transferor, "transcribes the instrument or causes it to be transcribed" (id., subd. (a)(4)). *fn1 The issue presented in this case is whether the class of persons disqualified because they cause an instrument to be transcribed is broad enough to include a person who provides information needed in the instrument's preparation and who encourages the donor to execute it, but who does not direct or otherwise participate in the instrument's transcription to final written form. Like the trial and appellate courts below, we conclude the category of persons disqualified under section 21350, subdivision (a)(4) is not so broad.