CA SB105

Establishes a presumption of fraud or undue influence when donative instruments (wills, trusts) transfer property to the person who drafted or transcribed the instrument, certain fiduciaries, care custodians of dependent adults, and their relatives or associates within the third degree of kinship

Makes the presumption conclusive for gifts to the drafter or persons related to or associated with the drafter, and rebuttable by clear and convincing evidence for other disqualified persons

Allows the presumption to be overcome through independent attorney review and certification that counsels the transferor about the transfer's nature and consequences outside the presence of heirs or beneficiaries

Provides exceptions for transfers to family members within the fourth degree of kinship, charitable gifts, small gifts under $5,000 (in certain estates), and instruments approved by court order with full disclosure

Applies to instruments becoming irrevocable on or after January 1, 2011, and provides that if a gift fails under this part, the instrument operates as if the beneficiary predeceased the transferor