Section 143 Of Part 3. Contractual Arrangements Relating To Rights At Death From California Probate Code >> Division 2. >> Part 3.
143
. (a) Subject to Section 142, a waiver is enforceable under this
section unless the surviving spouse proves either of the following:
(1) A fair and reasonable disclosure of the property or financial
obligations of the decedent was not provided to the surviving spouse
prior to the signing of the waiver unless the surviving spouse waived
such a fair and reasonable disclosure after advice by independent
legal counsel.
(2) The surviving spouse was not represented by independent legal
counsel at the time of signing of the waiver.
(b) Subdivision (b) of Section 721 of the Family Code does not
apply if the waiver is enforceable under this section.