California Probate Code 5704 – (a) A gift in view of impending death is revoked by:(1) The …
(a) A gift in view of impending death is revoked by:
(1) The giver’s recovery from the illness, or escape from the peril, under the presence of which it was made.
Terms Used In California Probate Code 5704
- Donee: The recipient of a gift.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- gift: means a transfer of personal property made voluntarily and without consideration. See California Probate Code 5700
- Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
(2) The death of the donee before the death of the giver.
(b) A gift in view of impending death may be revoked by:
(1) The giver at any time.
(2) The giver’s will if the will expresses an intention to revoke the gift.
(c) A gift in view of impending death is not affected by a previous will of the giver.
(d) Notwithstanding subdivisions (a) and (b), when the gift has been delivered to the donee, the rights of a purchaser or encumbrancer, acting before the revocation in good faith, for a valuable consideration, and without knowledge of the conditional nature of the gift, are not affected by the revocation.
(Added by Stats. 1991, Ch. 1055, Sec. 18.)