SECTIONS 1260-1261 - California Statutes

EVIDENCE CODE

SECTION 1260-1261

1260. (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.

1261. (a) Evidence of a statement is not made inadmissible by the
hearsay rule when offered in an action upon a claim or demand against
the estate of the declarant if the statement was made upon the
personal knowledge of the declarant at a time when the matter had
been recently perceived by him and while his recollection was clear.
(b) Evidence of a statement is inadmissible under this section if
the statement was made under circumstances such as to indicate its
lack of trustworthiness.