Prob. Code, § 5704 · Part 5. GIFTS IN VIEW OF IMPENDING DEATH
Prob. Code, § 5704
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Added by Stats. 1991, Ch. 1055, Sec. 18.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=5704.
- Text hash
- sha256 04166a1dbfed8c5a0f0403f558f7bb4bec47c4145c45dba20770b3b9e8432392
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.