Evidence Code section 1260

(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.

Source: Section 1260, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=EVID§ionNum=1260.­ (accessed Apr. 24, 2025).

Last Updated

Apr. 24, 2025

§ 1260’s source at ca​.gov