Trusts: revocation.
Summary
Existing law establishes procedures for the creation, modification, and termination of a trust, and regulates the administration of trusts by trustees on behalf of beneficiaries. Except as specified, existing law authorizes the revocation of a trust when the person holding the power to revoke the trust is competent. Existing law provides that, during this time, the duties of the trustee are owed to the person holding the power to revoke the trust. This bill would impose additional requirements on the trustee of a trust if, during the time that a trust is revocable, no person holding the power to revoke the trust is competent, including, but not limited to, requiring the trustee to provide a copy of the trust instrument and any amendments to the beneficiaries under the trust instrument, as specified. The bill would authorize the trustee to rely on specified methods to establish incompetency, but would clarify that the bill does not affect any legal standard for establishing incompetency. The bill would make conforming changes to a related provision.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2021
Committee Review
Jun 2021
Assembly Passage
Apr 2021
Senate Passage
Jul 2021
Signed into Law
Oct 2021
Introduced Feb 18, 2021
Signed Oct 9, 2021
Floor votes · Senate Jul 5, 2021 · Assembly Apr 15, 2021
How they voted
38–0
Passed · 2 other
Total votes 40
Jul 5, 2021
D
Democratic31
93% Yea
R
Republican9
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
18
Key actions
7
Committee
4
Amendments
5
Oct 9, 2021
Signed into law
Approved by the Governor.
legislature
Aug 23, 2021
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 71. Noes 0. Page 2459.).
lower
Jul 5, 2021
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 7 pursuant to Assembly Rule 77.
lower
Jul 5, 2021
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 1805.).
upper
Jun 23, 2021
Upper · Passed
From committee: Do pass. To Consent Calendar. (Ayes 11. Noes 0.) (June 22).
upper
Jun 14, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
upper
May 12, 2021
Committee
Referred to Com. on JUD.
upper
Apr 15, 2021
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1033.)
lower
Apr 7, 2021
Lower · Passed
Read second time and amended. Ordered returned to second reading.
lower
Apr 6, 2021
Introduced
From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 11. Noes 0.) (April 6).
lower
Mar 4, 2021
Committee
Referred to Com. on JUD.
lower
Feb 19, 2021
Lower · Passed
From printer. May be heard in committee March 21.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
James Gallagher
RRepublican
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