Section 21392 Of Chapter 2. Operation And Effect Of Presumption From California Probate Code >> Division 11. >> Part 3.7. >> Chapter 2.
21392
. (a) This part shall apply to instruments that become
irrevocable on or after January 1, 2011. For the purposes of this
section, an instrument that is otherwise revocable or amendable shall
be deemed to be irrevocable if, on or after January 1, 2011, the
transferor by reason of incapacity was unable to change the
disposition of the transferor's property and did not regain capacity
before the date of the transferor's death.
(b) It is the intent of the Legislature that this part supplement
the common law on undue influence, without superseding or interfering
in the operation of that law. Nothing in this part precludes an
action to contest a donative transfer under the common law or under
any other applicable law. This subdivision is declarative of existing
law.