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Section 18104 Of Chapter 2. Protection Of Third Persons From California Probate Code >> Division 9. >> Part 6. >> Chapter 2.
18104
. (a) If an interest in or lien or encumbrance on real
property is conveyed, created, or affected by an instrument in favor
of a person in trust but no beneficiary is indicated in the
instrument, it is presumed that the person holds the interest, lien,
or encumbrance absolutely and free of the trust. This is a
presumption affecting the burden of proof. In an action or proceeding
involving the interest, lien, or encumbrance instituted against the
person, the person shall be deemed the only necessary representative
of the undisclosed beneficiary and of the original grantor or settlor
and anyone claiming under them. A judgment is binding upon and
conclusive against these persons as to all matters finally
adjudicated in the judgment.
(b) An instrument executed by the person holding an interest, lien, or encumbrance described in subdivision (a), whether purporting to be the act of that person in his or her own right or in the capacity of a trustee, is presumed to affect the interest, lien, or encumbrance according to the tenor of the instrument. This is a presumption affecting the burden of proof. Upon the recording of the instrument in the county where the land affected by the instrument is located, the presumption is conclusive in favor of a person acting in good faith and for valuable consideration.
(b) An instrument executed by the person holding an interest, lien, or encumbrance described in subdivision (a), whether purporting to be the act of that person in his or her own right or in the capacity of a trustee, is presumed to affect the interest, lien, or encumbrance according to the tenor of the instrument. This is a presumption affecting the burden of proof. Upon the recording of the instrument in the county where the land affected by the instrument is located, the presumption is conclusive in favor of a person acting in good faith and for valuable consideration.
