This division shall be known and may be cited as the Trust Law.
Trust LawGeneral Provisions
Section § 15000
This section establishes the name of the legal rules governing trusts in California, which is called the Trust Law.
Trust Law trusts legal rules
Section § 15001
This law states that the rules in this division apply to all trusts, no matter when they were created, whether it was before, on, or after July 1, 1987. It also covers all trust-related court proceedings that started on or after this date.
For trust proceedings that began before July 1, 1987, the rules still apply unless a court decides they would mess things up or unfairly affect the people involved. If so, the old rules apply instead.
Except as otherwise provided by statute:
(a)CA Probate Code § 15001(a) This division applies to all trusts regardless of whether they were created before, on, or after July 1, 1987.
(b)CA Probate Code § 15001(b) This division applies to all proceedings concerning trusts commenced on or after July 1, 1987.
(c)CA Probate Code § 15001(c) This division applies to all proceedings concerning trusts commenced before July 1, 1987, unless in the opinion of the court application of a particular provision of this division would substantially interfere with the effective conduct of the proceedings or the rights of the parties and other interested persons, in which case the particular provision of this division does not apply and prior law applies.
trust proceedings trust creation date court application
Section § 15002
This law points out that California follows the traditional common law rules for managing trusts. However, if there's a specific state law that changes any of those rules, the state law takes priority.
Except to the extent that the common law rules governing trusts are modified by statute, the common law as to trusts is the law of this state.
trusts management common law rules trusts modification
Section § 15003
This section outlines that the laws regarding constructive or resulting trusts remain unchanged. The repeal of some sections of the Civil Code in 1986 was not meant to change how courts handle fiduciary or confidential relationships, except for express trusts specifically regulated by this division. Additionally, certain principles or procedures related to trusts can still be applied to entities or relationships not defined as 'trusts' under certain legal conditions, such as court orders, common law, or contracts.
(a)CA Probate Code § 15003(a) Nothing in this division affects the substantive law relating to constructive or resulting trusts.
(b)CA Probate Code § 15003(b) The repeal of Title 8 (commencing with Section 2215) of Part 4 of Division 3 of the Civil Code by Chapter 820 of the Statutes of 1986 was not intended to alter the rules applied by the courts to fiduciary and confidential relationships, except as to express trusts governed by this division.
(c)CA Probate Code § 15003(c) Nothing in this division or in Section 82 is intended to prevent the application of all or part of the principles or procedures of this division to an entity or relationship that is excluded from the definition of “trust” provided by Section 82 where these principles or procedures are applied pursuant to statutory or common law principles, by court order or rule, or by contract.
constructive trusts resulting trusts fiduciary relationships
Section § 15004
This law applies to charitable trusts that fall under the Attorney General's oversight, as long as it doesn't conflict with another law called the Supervision of Trustees and Fundraisers for Charitable Purposes Act. Essentially, if a charitable trust is connected to this division and doesn't clash with the mentioned act, these rules will apply.
Unless otherwise provided by statute, this division applies to charitable trusts that are subject to the jurisdiction of the Attorney General to the extent that the application of the provision is not in conflict with the Supervision of Trustees and Fundraisers for Charitable Purposes Act, Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code.
charitable trusts Attorney General oversight Supervision of Trustees and Fundraisers
