2007 California Evidence Code Article 6. Statements Relating To Wills And To Claims Against Estates

CA Codes (evid:1260-1261)

1260.  (a) Evidence of a statement made by a declarant who is
unavailable as a witness that he has or has not made a will, or has
or has not revoked his will, or that identifies his will, is not made
inadmissible by the hearsay rule.
   (b) Evidence of a statement is inadmissible under this section if
the statement was made under circumstances such as to indicate its
lack of trustworthiness.


1261.  (a) Evidence of a statement is not made inadmissible by the
hearsay rule when offered in an action upon a claim or demand against
the estate of the declarant if the statement was made upon the
personal knowledge of the declarant at a time when the matter had
been recently perceived by him and while his recollection was clear.

   (b) Evidence of a statement is inadmissible under this section if
the statement was made under circumstances such as to indicate its
lack of trustworthiness.