§ 33-19.1-9. Applicability to present documents.
(a) This section shall apply to instruments that become irrevocable on or after January 1, 2015. For the purposes of this section, an instrument that is otherwise revocable or amendable shall be deemed to be irrevocable if, on or after January 1, 2015, the transferor by reason of incapacity was unable to change the disposition of the transferor’s property and did not regain capacity before the date of the transferor’s death.
(b) It is the intent of the general assembly that this chapter supplements the common law on undue influence, without superseding or interfering in the operation of that law. Nothing in this chapter precludes an action to contest a donative transfer under the common law or under any other applicable law. This chapter is declarative of existing law.
History of Section.P.L. 2014, ch. 491, § 1.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-19.1 - Financial Exploitation of Elders and Dependent Persons Act
Section 33-19.1-1. - Short title.
Section 33-19.1-2. - Definitions.
Section 33-19.1-3. - Prohibited transaction.
Section 33-19.1-4. - Exceptions.
Section 33-19.1-5. - Review by independent attorney — Certificate of review.
Section 33-19.1-6. - Failure of gift.
Section 33-19.1-7. - Liability.