§ 1260 [Hearsay Exception for Declarant's Will or Trust Statements]
Division 10: Hearsay Evidence | Chapter 2: Exceptions to the Hearsay Rule | Article 6: Statements Relating to Wills and to Claims Against Estates
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Rule Text
(a) Except as provided in subdivision (b), evidence of any of the following statements made by a declarant who is unavailable as a witness is not made inadmissible by the hearsay rule:
(1) That the declarant has or has not made a will or established or amended a revocable trust.
(2) That the declarant has or has not revoked his or her will, revocable trust, or an amendment to a revocable trust.
(3) That identifies the declarant’s will, revocable trust, or an amendment to a revocable trust.
(b) Evidence of a statement is inadmissible under this section if the statement was made under circumstances that indicate its lack of trustworthiness.
Amendment history: Amended by Stats. 2010, Ch. 106, Sec. 1. (SB 1041) Effective January 1, 2011.