State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 5700-5705

PROBATE CODE
SECTION 5700-5705



5700.  As used in this part, "gift" means a transfer of personal
property made voluntarily and without consideration.



5701.  Except as provided in this part, a gift in view of impending
death is subject to the general law relating to gifts of personal
property.


5702.  (a) A gift in view of impending death is one which is made in
contemplation, fear, or peril of impending death, whether from
illness or other cause, and with intent that it shall be revoked if
the giver recovers from the illness or escapes from the peril.
   (b) A reference in a statute to a gift in view of death means a
gift in view of impending death.



5703.  A gift made during the last illness of the giver, or under
circumstances which would naturally impress the giver with an
expectation of speedy death, is presumed to be a gift in view of
impending death.


5704.  (a) A gift in view of impending death is revoked by:
   (1) The giver's recovery from the illness, or escape from the
peril, under the presence of which it was made.
   (2) The death of the donee before the death of the giver.
   (b) A gift in view of impending death may be revoked by:
   (1) The giver at any time.
   (2) The giver's will if the will expresses an intention to revoke
the gift.
   (c) A gift in view of impending death is not affected by a
previous will of the giver.
   (d) Notwithstanding subdivisions (a) and (b), when the gift has
been delivered to the donee, the rights of a purchaser or
encumbrancer, acting before the revocation in good faith, for a
valuable consideration, and without knowledge of the conditional
nature of the gift, are not affected by the revocation.




5705.  A gift in view of impending death is subject to Section 9653.