Under California Probate Code Section 21350 testamentary transfers worth over $3,000 to certain categories of people (caregivers, fiduciaries and attorney drafters) are presumed to be invalid, unless the person is related by blood or marriage to, is a cohabitant with, or is the registered domestic partner of the testator, or a "Certificate of Independent Review" has been prepared pursuant to Probate Code Section 21351(b).  Such a certificate is prepared and signed by an impartial attorney who has reviewed the circumstances of the transfer and found it to be legitimate.  Click here to see an example of a Certificate of Independent Review.

It is important to keep in mind that although transfers covered by Probate Code Section 21350 are presumed to be invalid, that presumption can be overcome by a showing of clear and convincing evidence, not consisting solely of testimony from the disqualified beneficiary, that the transfer was not procured by fraud,
menace, duress, or undue influence.  Also, even if a Certificate of Independent Review has been created, it does not mean that the transfer cannot be challenged, it only means that the transfer will not be presumed invalid.


If you have questions about a inheritance issues, please feel free to give us a call at 1-800-306-6010 or contact us online.