Section 21101.
21101. Unless the provision or context otherwise requires, this part applies to a will, trust, deed, and any other instrument. (Amended by Stats. 2002, Ch. 138, Sec. 10. Effective January 1, 2003.)
Section 21102.
21102. (a) The intention of the transferor as expressed in the instrument controls the legal effect of the dispositions made in the instrument. (b) The rules of construction in this part apply where the intention of the transferor is not indicated by the instrument. (c) Nothing in this section limits the use of extrinsic evidence, to the extent […]
Section 21103.
21103. The meaning and legal effect of a disposition in an instrument is determined by the local law of a particular state selected by the transferor in the instrument unless the application of that law is contrary to the rights of the surviving spouse to community and quasi-community property, to any other public policy of […]
Section 21104.
21104. As used in this part, “at-death transfer” means a transfer that is revocable during the lifetime of the transferor, but does not include a joint tenancy or joint account with right of survivorship. (Amended by Stats. 2002, Ch. 138, Sec. 13. Effective January 1, 2003.)
Section 21105.
21105. Except as otherwise provided in Sections 641 and 642, a will passes all property the testator owns at death, including property acquired after execution of the will. (Amended by Stats. 2002, Ch. 138, Sec. 14. Effective January 1, 2003.)
Section 21107.
21107. If an instrument directs the conversion of real property into money at the transferor’s death, the real property and its proceeds shall be deemed personal property from the time of the transferor’s death. (Amended by Stats. 2002, Ch. 138, Sec. 16. Effective January 1, 2003.)
Section 21108.
21108. The law of this state does not include (a) the common law rule of worthier title that a transferor cannot devise an interest to his or her own heirs or (b) a presumption or rule of interpretation that a transferor does not intend, by a transfer to his or her own heirs or next […]
Section 21109.
21109. (a) A transferee who fails to survive the transferor of an at-death transfer or until any future time required by the instrument does not take under the instrument. (b) If it cannot be determined by clear and convincing evidence that the transferee survived until a future time required by the instrument, it is deemed that the […]
Section 21111.
21111. (a) Except as provided in subdivision (b) and subject to Section 21110, if a transfer fails for any reason, the property is transferred as follows: (1) If the transferring instrument provides for an alternative disposition in the event the transfer fails, the property is transferred according to the terms of the instrument. (2) If the transferring instrument […]
Section 21112.
21112. A condition in a transfer of a present or future interest that refers to a person’s death “with” or “without” issue, or to a person’s “having” or “leaving” issue or no issue, or a condition based on words of similar import, is construed to refer to that person’s being dead at the time the […]