Statements Relating to Wills and to Claims Against Estates
Applied in 3 court decisions — leading case 101 Cal. App. 3d 978 - Stewart v. Estate of Bohnert (1980)
Most recently applied in Friend v. Salzwedel (September 2015)
Enacted by Stats. 1965, Ch. 299.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.