However, as Lexis Nexis points out, “The burden of establishing the facts that give rise to the presumption under subdivision (a) is borne by the person who contests the validity of a donative transfer under this section. Code § 500 (general rule on burden of proof).” This is undoubtedly because gifts are presumed to be valid, unless and until there is sufficient evidence to give rise for the application of the 21380 presumption of fraud or undue influence.
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Commercial messages and political campaign displays have been found in the ruins of Pompeii and ancient Arabia.
Lost and found advertising on papyrus was common in ancient Greece and ancient Rome.
The court further held that there is no preexisting personal friendship exception or professional occupation limitation to this definition, thereby broadening the class of people that could be defined as “care custodians” under the statute and subject to a rebuttable presumption of fraud, undue influence, menace and duress should they be the beneficiary of a testamentary bequest.
Admittedly, the case and the statute create a presumption of fraud, menace, duress or undue influence and the presumption can be overcome by clear and convincing evidence but not based solely on the testimony of the disqualified person.
The declaration of the drafting attorney helps to make sure that all of the requirements of a valid CIR are met.