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BANK OF AMERICA v. ANGEL VIEW

No. A083625.

85 Cal.Rptr.2d 117 (1999)

72 Cal.App.4th 451

BANK OF AMERICA, as Trustee, etc., Plaintiff, v. ANGEL VIEW CRIPPLED CHIDREN'S FOUNDATION et al., Defendants and Appellants; Alan D. Liker, Defendant and Respondent.

Court of Appeals of California, First District, Division One.

Review Denied August 25, 1999.

Attorney(s) appearing for the Case

Charles G. Stephenson, Esq., Kenneth J. Philpot, Esq., Mark A. Sheft, Esq., Jackson, Tufts, Cole & Black, LLP, San Francisco, for Appellants/Defendants—Angel View Crippled Children's Foundation et al.

Hillel Chodos, Esq. for Respondent/Defendant—Alan D. Liker.

MARCHIANO, J.

Probate Code section 21350 presumptively invalidates a donative transfer to an attorney-beneficiary who drafted the instrument providing for the gift. Probate Code section 21351 permits the transfer if, inter alia, the drafter-beneficiary can show by clear and convincing evidence that the transfer was not the result of fraud, menace, duress or undue influence. In this case we hold that these statutes, enacted in 1993, apply retroactively.

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