Prob. Code, § 631 · Article 2. Scope of Donee’s Authority
Prob. Code, § 631
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Where an appointment does not satisfy the formal requirements specified in the creating instrument as provided in subdivision (a) of Section 630, the court may excuse compliance with the formal requirements and determine that exercise of the appointment was effective if both of the following requirements are satisfied:
(1) The appointment approximates the manner of appointment prescribed by the donor.
(2) The failure to satisfy the formal requirements does not defeat the accomplishment of a significant purpose of the donor.
(b) This section does not permit a court to excuse compliance with a specific reference requirement under Section 632.
Notes and commentary — not statutory text
History
Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.
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=631.
- Text hash
- sha256 eda8f49ae1d34679382ed7f350aaf40e2778d2efd526a9e7fffbe5a3aa09db2b
- 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
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