Disclaimer: This glossary provides general information about terms used in California probate for informational purposes only. It is not legal advice and should not substitute consultation with a qualified California probate attorney regarding your specific situation. Laws and procedures can change.
Current as of April 27, 2025.
An equitable defense doctrine providing that a party seeking relief from a court (especially equitable remedies like injunctions or specific performance) may be denied that relief if they have acted unfairly, unethically, or in bad faith concerning the specific matter for which they are seeking assistance. Essentially, a party must come to court with “clean hands” regarding the issue at hand to be granted certain types of court help. It can be raised as a defense in California probate and trust litigation.
Excessive persuasion that overcomes a person’s free will and causes them to make a decision or execute a document (like a will, trust, deed, or gift) that reflects the influencer’s desires rather than their own true intent. It involves more than just ordinary persuasion or advice. Under California law, undue influence is a common ground for contesting the validity of wills, trusts, and other documents, especially when the person making the document was vulnerable (due to age, health, or isolation) and the influencer was in a position of trust or took actions to manipulate the outcome. If proven, the influenced document or transfer may be invalidated by the court. (See Cal. Prob. Code § 6104; Welf. & Inst. Code § 15610.70).
Refers primarily to a revocable living trust agreement that has been created and signed, but where legal title to the intended assets has not been formally transferred into the name of the trustee. Although the trust document exists, if assets are not “funded” into the trust before the settlor’s death (e.g., real estate isn’t deeded to the trust, accounts aren’t retitled), those unfunded assets remain outside the trust’s control and will likely still require probate administration according to the decedent’s will (often a “pour-over will”) or intestacy laws, potentially defeating the goal of avoiding probate.
A set of default rules, adopted in the California Probate Code (commencing at § 16320), that governs how fiduciaries (trustees and personal representatives of estates) must allocate receipts (money coming in, like dividends, interest, rent) and disbursements (expenses paid out, like trustee fees, repairs, taxes) between the income and principal accounts of a trust or decedent’s estate.
A California law (Probate Code § 16045 et seq.) establishing the standard for how trustees must invest and manage trust assets. It requires trustees to act as a prudent investor would, considering the trust’s purposes, terms, and circumstances. Key principles include evaluating investments based on the entire portfolio and its overall risk/return objectives, diversifying investments unless inappropriate, and acting with care, skill, and caution. Prudence is judged based on circumstances at the time of the decision, not in hindsight.
A method for calculating distributions from certain trusts (like Charitable Remainder Unitrusts – CRUTs, or Grantor Retained Unitrusts – GRUTs). Instead of distributing only accounting income, the trust distributes a fixed percentage of the trust assets’ fair market value, revalued at least annually. This allows for distributions based on total return (income and appreciation) and provides variable payments depending on asset performance. California’s Uniform Principal and Income Act also allows trustees, under certain conditions, to convert a traditional income-only trust to a unitrust distribution model (typically 3-5%). (Probate Code §16336.4).
A specific type of expedited lawsuit in California used by a property owner (including an estate or trust) to evict a tenant or other occupant who is wrongfully possessing the property (e.g., staying after a lease ends, failing to pay rent, remaining after foreclosure). Governed primarily by the California Code of Civil Procedure (§ 1161 et seq.). A personal representative or trustee may need to file an unlawful detainer action to regain possession of estate or trust real property.
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