Article 1. Definitions And Rules Of Construction of California Probate Code >> Division 6. >> Part 1. >> Chapter 6. >> Article 1.

Unless the provision or context clearly requires otherwise, these definitions and rules of construction govern the construction of this chapter.

"Testator" means a person choosing to adopt a California statutory will.

"Executor" means both the person so designated in a California statutory will and any other person acting at any time as the executor or administrator under a California statutory will.

"Trustee" means both the person so designated in a California statutory will and any other person acting at any time as the trustee under a California statutory will.

"Descendants" mean children, grandchildren, and their lineal descendants of all generations, with the relationship of parent and child at each generation being determined as provided in Section 21115. A reference to "descendants" in the plural includes a single descendant where the context so requires.

A reference in a California statutory will to the "Uniform Gifts to Minors Act of any state" or the "Uniform Transfers to Minors Act of any state" includes both the Uniform Gifts to Minors Act of any state and the Uniform Transfers to Minors Act of any state. A reference to a "custodian" means the person so designated in a California statutory will or any other person acting at any time as a custodian under a Uniform Gifts to Minors Act or Uniform Transfers to Minors Act.

Masculine pronouns include the feminine, and plural and singular words include each other, where appropriate.

(a) If a California statutory will states that a person shall perform an act, the person is required to perform that act.
  (b) If a California statutory will states that a person may do an act, the person's decision to do or not to do the act shall be made in the exercise of the person's fiduciary powers.

Whenever a distribution under a California statutory will is to be made to a person's descendants, the property shall be divided into as many equal shares as there are then living descendants of the nearest degree of living descendants and deceased descendants of that same degree who leave descendants then living; and each living descendant of the nearest degree shall receive one share and the share of each deceased descendant of that same degree shall be divided among his or her descendants in the same manner.

"Person" includes individuals and institutions.

Reference to a person "if living" or who "survives me" means a person who survives the decedent by 120 hours. A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for the purpose of a California statutory will, and the beneficiaries are determined accordingly. If it cannot be established by clear and convincing evidence that a person who would otherwise be a beneficiary has survived the decedent by 120 hours, it is deemed that the person failed to survive for the required period. The requirement of this section that a person who survives the decedent must survive the decedent by 120 hours does not apply if the application of the 120-hour survival requirement would result in the escheat of property to the state.