In the years leading up to his death, husband transferred real property from his separate ownership to joint tenancy with wife and also amended his will several times to her benefit.  Held, when Fam. Code 760 (all property held by a married person is presumed community property) conflicts with Evid. Code 662 (legal title owner is presumed to hold full beneficial title), the Evidence Code presumption prevails.  However, when as here, the Evid. Code 662 presumption conflict with Fam. Code 721 (spouses owe each other fiduciary duties), the Family Code section prevails–even when neither spouse survives.  Thus, the trial court properly held that wife’s acquisition of property at husband’s expense must be set aside.