Code Section

Probate Code - PROB

DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700]

  ( Division 11 enacted by Stats. 1990, Ch. 79. )
  

PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS [21101 - 21140]

  ( Part 1 repealed and added by Stats. 1994, Ch. 806, Sec. 41. )
  

CHAPTER 1. General Provisions [21101 - 21118]
  ( Chapter 1 added by Stats. 1994, Ch. 806, Sec. 41. )

  
21102.  

(a) The intention of the transferor as expressed in the instrument controls the legal effect of the dispositions made in the instrument.

(b) The rules of construction in this part apply where the intention of the transferor is not indicated by the instrument.

(c) Nothing in this section limits the use of extrinsic evidence, to the extent otherwise authorized by law, to determine the intention of the transferor.

(Amended by Stats. 2002, Ch. 138, Sec. 11. Effective January 1, 2003.)