Donative transfers: restrictions.

Existing law generally prohibits an instrument from making a donative transfer to the person who drafted or transcribed the instrument and certain other disqualified persons. This provision is subject to specified exceptions, including when the instrument is reviewed by an independent attorney who counsels the client about the nature and consequences of the intended transfer, attempts to determine if the intended consequence is the result of fraud, menace, duress, or undue influence, and signs and delivers to the transferor a certificate of independent review. This bill would revise and recast these provisions to establish an express presumption of fraud or undue influence when a donative instrument makes a gift to the person who drafted or transcribed the instrument, and certain other disqualified persons. The bill would define relevant terms for purposes of these provisions and make other technical and conforming changes.