(a) A donative transfer is not subject to Section 21380 if the instrument is reviewed by an independent attorney who counsels the transferor, out of the presence of any heir or proposed beneficiary, about the nature and consequences of the intended transfer, including the effect of the intended transfer on the transferor’s heirs and on any beneficiary of a prior donative instrument, attempts to determine if the intended transfer is the result of fraud or undue influence, and signs and delivers to the transferor an original certificate in substantially the following form:

“CERTIFICATE OF INDEPENDENT REVIEW Need help with a review of a will? Have it reviewed by a lawyer, get answers to your questions and move forward with confidence. Connect with a lawyer now Terms Used In California Probate Code 21384 Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and: California Probate Code 24 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Fraud: Intentional deception resulting in injury to another. Heir: means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code. See California Probate Code 44 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 Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56 Probate: Proving a will Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62 Transferor: means the testator, settlor, grantor, owner, or other person who executes an instrument. See California Probate Code 81
I, , have reviewed
(attorney’s name)
and have counseled the transferor,
(name of instrument)
, on the nature and consequences of any
(name of transferor)
transfers of property to
(name of person described in § 21380 of the Probate Code)
that would be made by the instrument.
I am an “independent attorney” as defined in § 21370 of the Probate Code and am in a position to advise the transferor independently, impartially, and confidentially as to the consequences of the transfer.
On the basis of this counsel, I conclude that the transfers to
that would
(name of person described in § 21380 of the Probate Code)
be made by the instrument are not the product of fraud or undue influence.
	“
(Name of Attorney)	(Date)

(b) An attorney whose written engagement, signed by the transferor, is expressly limited solely to compliance with the requirements of this section, shall not be considered to otherwise represent the transferor as a client.

(c) An attorney who drafts an instrument can review and certify the same instrument pursuant to this section, but only as to a donative transfer to a care custodian. In all other circumstances, an attorney who drafts an instrument may not review and certify the instrument.

(d) If the certificate is prepared by an attorney other than the attorney who drafted the instrument that is under review, a copy of the signed certification shall be provided to the drafting attorney.

(Amended by Stats. 2017, Ch. 56, Sec. 2. (SB 153) Effective January 1, 2018.)