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California Code, Probate Code - PROB § 5704

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - California Code, Probate Code - PROB § 5704 - last updated January 01, 2025 | https://codes.findlaw.com/ca/probate-code/prob-sect-5704/

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