California Probate Code 21102 – (a) The intention of the transferor as expressed in the …
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(a) The intention of the transferor as expressed in the instrument controls the legal effect of the dispositions made in the instrument.
(b) The rules of construction in this part apply where the intention of the transferor is not indicated by the instrument.
Terms Used In California Probate Code 21102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
(c) Nothing in this section limits the use of extrinsic evidence, to the extent otherwise authorized by law, to determine the intention of the transferor.
(Amended by Stats. 2002, Ch. 138, Sec. 11. Effective January 1, 2003.)