Chapter 2 - Beneficiaries - California Probate Code

Sections (6)

Amended by Stats. 2022, Ch. 420, Sec. 42. (AB 2960) Effective January 1, 2023.

(a)Except to the extent that the trust instrument otherwise provides or where the joint action of the settlor and all beneficiaries is required, during the time that a trust is revocable and at least one person holding the power to revoke the trust, in whole or in part, is competent, the following shall apply:

(1)The person holding the power to revoke, and not the beneficiary, has the rights afforded beneficiaries under this division.

(2)The duties of the trustee are owed to the person holding the power to revoke.

(b)Except to the extent that the trust instrument

otherwise provides or where the joint action of the settlor and all beneficiaries is required, if, during the time that a trust is revocable, no person holding the power to revoke the trust, in whole or in part, is competent, the following shall apply:

(1)Within 60 days of receiving information establishing the incompetency of the last person holding the power to revoke the trust, the trustee shall provide notice of the application of this subdivision and a true and complete copy of the trust instrument and any amendments to each beneficiary to whom the trustee would be required or authorized to distribute income or principal if the settlor had died as of the date of receipt of the information. If the trust has been completely restated, the trustee need not include the trust instrument or amendments superseded by the last restatement.

(2)The duties of the trustee to account at least annually or provide information requested under Section 16061 shall be owed to each beneficiary to whom the trustee would be required or authorized to distribute income or principal if the settlor had died during the account period or the period relating to the administration of the trust relevant to the report, as applicable.

(3)A beneficiary whose interest is conditional on some factor not yet in existence or not yet determinable shall not be considered a beneficiary for purposes of this section, unless the trustee, in the trustee’s discretion, believes it is likely that the condition or conditions will be satisfied at the time of the settlor’s death.

(4)If the interest of

a beneficiary fails because a condition to receiving that interest has not been satisfied or the trustee does not believe that the condition will be satisfied at the time of the settlor’s death, the duties in paragraphs (1) and (2) shall be owed to the beneficiary or beneficiaries who would next succeed to that interest at the relevant time or period as determined under the trust instrument, as amended and restated.

(c)Incompetency, for the purposes of subdivision (b), may be established by either of the following:

(1)The method for determining incompetency specified by the trust instrument, as amended or restated.

(2)A judicial determination of incompetency.

§ 15801

Enacted by Stats. 1990, Ch. 79.

(a)In any case where the consent of a beneficiary may be given or is required to be given before an action may be taken, during the time that a trust is revocable and the person holding the power to revoke the trust is competent, the person holding the power to revoke, and not the beneficiary, has the power to consent or withhold consent.

(b)This section does not apply where the joint consent of the settlor and all beneficiaries is required by statute.

§ 15802

Enacted by Stats. 1990, Ch. 79.

Notwithstanding any other statute, during the time that a trust is revocable and the person holding the power to revoke the trust is competent, a notice that is to be given to a beneficiary shall be given to the person holding the power to revoke and not to the beneficiary.

§ 15803

Enacted by Stats. 1990, Ch. 79.

The holder of a presently exercisable general power of appointment or power to withdraw property from the trust has the rights of a person holding the power to revoke the trust that are provided by Sections 15800 to 15802, inclusive, to the extent of the holder’s power over the trust property.

§ 15804

Repealed and added by Stats. 2025, Ch. 39, Sec. 2. (AB 565) Effective January 1, 2026.

(a)Notice to a person who may represent and bind another person pursuant to this section is sufficient to comply with a requirement in this division that notice be given to the represented person, and has the same effect as if notice were given directly to that represented person.

(b)A person may serve as a representative as provided in this section and bind another person, except as follows:

(1)The representative and the represented person shall not have a conflict of interest during the representation with

respect to the particular matter that is the subject of the representation.

(2)A settlor shall not represent and bind a beneficiary regarding the termination or modification of an irrevocable trust.

(c)(1) A person who provides consent for another person pursuant to this section shall do so in writing.

(2)The consent of a person who may represent and bind another person pursuant to this section is binding on the represented person unless the represented person objects to the representation before the consent would have become effective.

(3)A fiduciary who acts in reliance upon a representation made pursuant to this section shall not be liable for any resulting loss, unless the fiduciary committed a breach of trust intentionally, with gross negligence, in bad faith, or with reckless indifference to the interests of a beneficiary.

(d)An action taken by the court under this division is conclusive and binding upon a person represented pursuant to this section.

(e)The following representation is

permissible:

(1)A parent may represent and bind the parent’s minor children and children subsequently born if a guardian or guardian ad litem for the child or children has not been appointed.

(2)A conservator of the estate may represent and bind the conservatee.

(3)A guardian of the estate may represent and bind the minor ward.

(4)A guardian ad litem with authority to act with respect to the matter may represent and bind the ward.

(5)An agent with authority to act with respect to the matter may represent and bind the principal.

(6)A trustee may represent and bind the beneficiaries of the trust.

(7)A personal representative may represent and bind persons interested in the estate.

(f)Unless otherwise represented, a minor, an incapacitated person, a person subsequently born, or a person whose identity or location is unknown and not reasonably ascertainable may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute.

(g)The following representation of successive interests is permissible:

(1)If an interest has been given to persons who

comprise a certain class upon the happening of a future event, the living persons who would constitute the class as of the date the representation is to be determined may represent and bind all other members of the class as of that date.

(2)If an interest has been given to a living person or to a class of persons, and a substantially identical interest is to pass to another person or class of persons, or both, upon the happening of a future event, the living person or the living members of the class of persons who hold the interest may represent and bind all of the persons and classes of persons who might take on the happening of all future events.

(3)If an interest will be given to a living person or to a class of persons upon the happening of a future event and a

substantially identical interest would pass to another person or class of persons, or both, upon the happening of one or more future events, the living person or the living members of the class of persons who will hold the interest on the happening of an earlier event may represent and bind all of the persons and classes of persons who might take on the happening of all future events.

(h)The holder of a lifetime or testamentary power of appointment may represent and bind persons who are permissible appointees or takers in default of that exercise.

(i)This section does not affect any of the following:

(1)Requirements for notice in a court proceeding to any of the following:

(A)A person who has requested special notice.

(B)A person who has filed notice of appearance.

(C)A particular person or entity required by statute to be given notice.

(2)Availability of a guardian ad litem pursuant to Section 1003.

(3)A representative’s previously existing duties.

(j)For purposes of this

section, “notice” includes other papers.

§ 15805

Enacted by Stats. 1990, Ch. 79.

Notwithstanding any other provision of law, the Attorney General is subject to the limitations on the rights of beneficiaries of revocable trusts provided by Sections 15800 to 15802, inclusive.