Notwithstanding any other provision of this part, if the instrument provides for abatement, or if the transferor‘s plan or if the purpose of the transfer would be defeated by abatement as provided in this part, the shares of beneficiaries abate as is necessary to effectuate the instrument, plan, or purpose.

(Enacted by Stats. 1990, Ch. 79.)

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Terms Used In California Probate Code 21400

  • Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
  • Transferor: means the testator, settlor, grantor, owner, or other person who executes an instrument. See California Probate Code 81