Trust Beneficiaries

Chapter 2 of Part 3 of Division 9 of the Probate Code deals with beneficiaries under the California Trust Law.

Section 15800 provides that, during the time that a trust is revocable and at least one person holding the power to revoke the trust, in whole or in part, is competent, the two specified conditions apply. If, during the time that a trust is revocable, no person holding the power to revoke the trust, in whole or in part, is competent, the four specified conditions apply. Incompetence may be established by either of two specified conditions.

Section 125801 provides that, in any case where the consent of a beneficiary may be given or is required to be given before an action may be taken, during the time that a trust is revocable and the person holding the power to revoke the trust is competent, the person holding the power to revoke, and not the beneficiary, has the power to consent or withhold consent.

Section 15802 provides that, during the time that a trust is revocable and the person holding the power to revoke the trust is competent, a notice that is to be given to a beneficiary shall be given to the person holding the power to revoke and not to the beneficiary.

Section 15803 states that the holder of a presently exercisable general power of appointment or power to withdraw property from the trust has the rights of a person holding the power to revoke the trust that are provided to the extent of the holder’s power over the trust property.

Section 15804 explains that notice to a person who may represent and bind another person pursuant to this section is sufficient to comply with a requirement in this division that notice be given to the represented person, and has the same effect as if notice were given directly to that represented person. A person may serve as a representative as provided in this section and bind another person, except in two specified circumstances. A person who provides consent for another person pursuant to this section must do so in writing.

Section 15805 states that the Attorney General is subject to the limitations on the rights of beneficiaries of revocable trusts provided in law.