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HomeEvidence CodeDiv. 10Ch. 2Art. 6§ 1260 Will And Trust Statements

§ 1260 Will And Trust Statements

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1260 Will And Trust Statements

Key Takeaways

  • •If someone is dead or can't come to court, their words about their will or trust can still be used as evidence.
  • •This includes them saying if they made, changed, or canceled a will or trust.
  • •But if their words seem like they might be lying or not trustworthy, they can't be used.

Example

Grandpa told his friend he changed his will to leave his house to his grandson, but then Grandpa passed away.

The friend can tell the court what Grandpa said, even though Grandpa isn't there to say it himself. But if Grandpa was confused or joking when he said it, the court won't listen to the friend.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1260 Will And Trust Statements

(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. (Amended by Stats. 2010, Ch. 106, Sec. 1. (SB 1041) Effective January 1, 2011.)

Last verified: January 22, 2026

Key Terms

hearsay ruledeclarantrevocable trustlack of trustworthiness

Related Statutes

  • § 1261 Declarant Statements In Estate Claims
  • § 1310 Family History Statements
  • § 1323 Boundary Statement Evidence
  • § 1220 Admissions Against Party
  • § 1223 Conspiracy Statement Admissibility

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1260.
View Official Source