Code Section

Probate Code - PROB

DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806]

  ( Division 6 enacted by Stats. 1990, Ch. 79. )
  

PART 1. WILLS [6100 - 6390]

  ( Part 1 enacted by Stats. 1990, Ch. 79. )
  

CHAPTER 3. Revocation and Revival [6120 - 6124]
  ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

  
6122.1.  

(a) Unless the will expressly provides otherwise, if after executing a will the testator’s domestic partnership is terminated, the termination revokes all of the following:

(1) Any disposition or appointment of property made by the will to the former domestic partner.

(2) Any provision of the will conferring a general or special power of appointment on the former domestic partner.

(3) Any provision of the will nominating the former domestic partner as executor, trustee, conservator, or guardian.

(b) If any disposition or other provision of a will is revoked solely by this section, it is revived by the testator establishing another domestic partnership with the former domestic partner.

(c) In case of revocation by termination of a domestic partnership:

(1) Property prevented from passing to a former domestic partner because of the revocation passes as if the former domestic partner failed to survive the testator.

(2) Other provisions of the will conferring some power or office on the former domestic partner shall be interpreted as if the former domestic partner failed to survive the testator.

(d) This section shall apply only to wills executed on or after January 1, 2002.

(Added by Stats. 2001, Ch. 893, Sec. 51. Effective January 1, 2002.)