CA CLS Estate Planning Practice Questions - California Certified Legal Specialist - Estate Planning, Trust & Probate Law Exam

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A will contestant alleges undue influence. Under California's PC §86 and Bernard v. Foley (2006), what is the primary effect of a 'care custodian' designation as beneficiary?

The bequest is automatically void A presumption of fraud or undue influence arises under PC §21380 The contestant must prove undue influence by clear and convincing evidence The bequest is reduced to a statutory share

Correct Answer:

A presumption of fraud or undue influence arises under PC §21380

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