2005 California Probate Code Sections 15000-15004 PART 1. GENERAL PROVISIONS

SECTION 15000-15004

15000.  This division shall be known and may be cited as the Trust
15001.  Except as otherwise provided by statute:
   (a) This division applies to all trusts regardless of whether they
were created before, on, or after July 1, 1987.
   (b) This division applies to all proceedings concerning trusts
commenced on or after July 1, 1987.
   (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.
15002.  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.
15003.  (a) Nothing in this division affects the substantive law
relating to constructive  or resulting trusts.
   (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) 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.
15004.  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 Uniform Supervision of Trustees 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.

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