Certificate of Independent Review
(CA)

Summary

This certificate of independent review template is a statutory form to be adapted by an attorney who is certifying that they have reviewed a trust and that the nomination of the trustee represents the intentions of the trustor/settlor in California. This template includes practical guidance and drafting notes. California Probate Code §15642(a) states a trustee may be removed in accordance with the trust instrument (e.g. by a trust protector), by the court, or on a petition of a settlor, cotrustee, or beneficiary under Cal. Prob. Code § 17200. California Probate Code § 15642(b) lists a number of reasons that a trustee may be removed. The sixth reason a trustee may be removed is because they fall into a category of persons that are automatically presumed to have committed fraud or undue influence against the settlor/trustor, resulting in their nomination as trustee. The categories of presumed fraudulent actors/undue influencers are found in Cal. Prob. Code § 21380(a). This particular template is to be used when the trustee of a trust is also a party that is presumed to have unduly influenced the settlor/trustor, under California Probate Code §15642(b)(6). This template only applies to the nomination of a trustee. For more information on trusts in general, see Characteristics and Uses of Trusts (CA) and Requirements and Restrictions on Trust Purposes and Administration (CA).