Hearsay evidence: wills and revocable trusts.

Existing law, known as the "hearsay rule," provides that, at a hearing, evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated is inadmissible. Existing law also provides exceptions to the hearsay rule to permit the admission of specified kinds of evidence, including evidence of a statement made by a declarant who is unavailable as a witness that he or she has or has not made a will, or has or has not revoked his or her will, or that identifies his or her will. This bill would expand that exception to the hearsay rule to permit the admission of evidence of a statement made by a declarant who is unavailable as a witness that he or she has or has not established or amended a revocable trust, or has or has not revoked his or her revocable trust or an amendment to a revocable trust, or that identifies his or her revocable trust or an amendment to a revocable trust.