California Probate Code 143 – (a) Subject to Section 142, a waiver is enforceable under this …
(a) Subject to Section 142, a waiver is enforceable under this section unless the surviving spouse proves either of the following:
(1) A fair and reasonable disclosure of the property or financial obligations of the decedent was not provided to the surviving spouse prior to the signing of the waiver unless the surviving spouse waived such a fair and reasonable disclosure after advice by independent legal counsel.
Terms Used In California Probate Code 143
- 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
- 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 was not represented by independent legal counsel at the time of signing of the waiver.
(b) 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. 120. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)