Rice v. Clark

Opinion

WERDEGAR, J.

Probate Code section 21350 presumptively disqualifies, as the recipient of a donative transfer by instrument, a person who drafts the instrument {id., subd. (a)(1)) or who, having a fiduciary relationship with the transferor, “transcribes the instrument or causes it to be transcribed” (id., subd. (a)(4)). The issue presented in this case is whether the class of persons disqualified because they cause an instrument to be transcribed is broad enough to include a person who provides information needed in the instrument’s preparation and who encourages the donor to execute it,…