SECTIONS 15800-15805 - California Statutes

PROBATE CODE

SECTION 15800-15805

15800. Except to the extent that the trust instrument otherwise
provides or where the joint action of the settlor and all
beneficiaries is required, during the time that a trust is revocable
and the person holding the power to revoke the trust is competent:
(a) The person holding the power to revoke, and not the
beneficiary, has the rights afforded beneficiaries under this
division.
(b) The duties of the trustee are owed to the person holding the
power to revoke.

15801. (a) In any case where the consent of a beneficiary may be
given or is required to be given before an action may be taken,
during the time that a trust is revocable and the person holding the
power to revoke the trust is competent, the person holding the power
to revoke, and not the beneficiary, has the power to consent or
withhold consent.
(b) This section does not apply where the joint consent of the
settlor and all beneficiaries is required by statute.

15802. Notwithstanding any other statute, during the time that a
trust is revocable and the person holding the power to revoke the
trust is competent, a notice that is to be given to a beneficiary
shall be given to the person holding the power to revoke and not to
the beneficiary.

15803. The holder of a presently exercisable general power of
appointment or power to withdraw property from the trust has the
rights of a person holding the power to revoke the trust that are
provided by Sections 15800 to 15802, inclusive, to the extent of the
holder's power over the trust property.

15804. (a) Subject to subdivisions (b) and (c), it is sufficient
compliance with a requirement in this division that notice be given
to a beneficiary, or to a person interested in the trust, if notice
is given as follows:
(1) Where an interest has been limited on any future contingency
to persons who will compose a certain class upon the happening of a
certain event without further limitation, notice shall be given to
the persons in being who would constitute the class if the event had
happened immediately before the commencement of the proceeding or if
there is no proceeding, if the event had happened immediately before
notice is given.
(2) Where an interest has been limited to a living person and the
same interest, or a share therein, has been further limited upon the
happening of a future event to the surviving spouse or to persons who
are or may be the distributees, heirs, issue, or other kindred of
the living person, notice shall be given to the living person.
(3) Where an interest has been limited upon the happening of any
future event to a person, or a class of persons, or both, and the
interest, or a share of the interest, has been further limited upon
the happening of an additional future event to another person, or a
class of persons, or both, notice shall be given to the person or
persons in being who would take the interest upon the happening of
the first of these events.
(b) If a conflict of interest involving the subject matter of the
trust proceeding exists between a person to whom notice is required
to be given and a person to whom notice is not otherwise required to
be given under subdivision (a), notice shall also be given to persons
not otherwise entitled to notice under subdivision (a) with respect
to whom the conflict of interest exists.
(c) Nothing in this section affects any of the following:
(1) Requirements for notice to a person who has requested special
notice, a person who has filed notice of appearance, or a particular
person or entity required by statute to be given notice.
(2) Availability of a guardian ad litem pursuant to Section 1003.
(d) As used in this section, "notice" includes other papers.

15805. Notwithstanding any other provision of law, the Attorney
General is subject to the limitations on the rights of beneficiaries
of revocable trusts provided by Sections 15800 to 15802, inclusive.