Calif. Probate Code §21380, 21384, 21386, 21392
Amended by S. B. 153
Effective date: January 1, 2018
A donative transfer occurs when an individual receives property as a gift, or on unfair or inadequate terms. Donative transfers between a fiduciary and their client are presumed to be fraudulent if the fiduciary relationship existed when the transfer document was written.
This clarification supplements the common law of fraud, in addition to the common law of undue influence.