California Probate Code 144 – (a) Except as provided in subdivision (b), subject to Section …
(a) Except as provided in subdivision (b), subject to Section 142, a waiver is enforceable under this section if the court determines either of the following:
(1) The waiver at the time of signing made a fair and reasonable disposition of the rights of the surviving spouse.
Terms Used In California Probate Code 144
- Decedent: A deceased person.
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
- waiver: means a waiver by the surviving spouse of any of the rights listed in subdivision (a) of Section 141, whether signed before or during marriage. See California Probate Code 140
(2) The surviving spouse had, or reasonably should have had, an adequate knowledge of the property and financial obligations of the decedent and the decedent did not violate the duty imposed by subdivision (b) of § 721 of the Family Code.
(b) If, after considering all relevant facts and circumstances, the court finds that enforcement of the waiver pursuant to subdivision (a) would be unconscionable under the circumstances existing at the time enforcement is sought, the court may refuse to enforce the waiver, enforce the remainder of the waiver without the unconscionable provisions, or limit the application of the unconscionable provisions to avoid an unconscionable result.
(c) Except as provided in paragraph (2) of subdivision (a), subdivision (b) of § 721 of the Family Code does not apply if the waiver is enforceable under this section.
(Amended by Stats. 1992, Ch. 163, Sec. 121. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)