ARTICLE 6. Statements Relating to Wills and to Claims Against Estates [1260. - 1261.]

Law Codes -> Evidence Code -> Article 1260 to 1261

• 1260.

  (a)Except as provided in subdivision (b), evidence of any of the following statements made by a declarant who is unavailable as a witness is not made inadmissible by the hearsay rule:

  (1)That the declarant has or has not made a will or established or amended a revocable trust.

  (2)That the declarant has or has not revoked his or her will, revocable trust, or an amendment to a revocable trust.

  (3)That identifies the declarant's will, revocable trust, or an amendment to a revocable trust.

  (b)Evidence of a statement is inadmissible under this section if the statement was made under circumstances that indicate its lack of trustworthiness.

• 1261.

  (a)Evidence of a statement is not made inadmissible by the hearsay rule when offered in an action upon a claim or demand against the estate of the declarant if the statement was made upon the personal knowledge of the declarant at a time when the matter had been recently perceived by him and while his recollection was clear.

  (b)Evidence of a statement is inadmissible under this section if the statement was made under circumstances such as to indicate its lack of trustworthiness.