Sec. 13.12.706. Life insurance; retirement plan; account with pay on death designation; transfer on death registration; deceased beneficiary.
(a) If a beneficiary fails to survive the decedent and is a grandparent, a descendant of a grandparent, or a stepchild of the decedent, the following apply: (1) except as provided in (4) of this subsection, if the beneficiary designation is not in the form of a class gift and the deceased beneficiary leaves surviving […]
Sec. 13.12.590. Definitions.
In AS 13.12.530 – 13.12.590, (1) “qualified person” has the meaning given in AS 13.36.390; (2) “testator” means a person who executes a will as a testator; (3) “trust” means a revocable or irrevocable trust.
Sec. 13.12.707. Survivorship with respect to future interests under terms of trust; substitute takers.
(a) A future interest under the terms of a trust is contingent on the beneficiary’s surviving the distribution date. If a beneficiary of a future interest under the terms of a trust fails to survive the distribution date, the following apply: (1) except as provided in (4) of this subsection, if the future interest is […]
Sec. 13.12.601. Scope.
Except as provided in AS 13.06.068, in the absence of a finding of a contrary intention, the rules of construction in AS 13.12.601 – 13.12.609 control the construction of a will.
Sec. 13.12.708. Class gifts to “descendants,” “issue,” or “heirs of the body”; form of distribution if none specified.
If a class gift in favor of “descendants,” “issue,” or “heirs of the body” does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment, in such […]
Sec. 13.12.602. Will may pass all property and after-acquired property.
A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator’s death.
Sec. 13.12.709. Distribution by representation, per capita at each generation, and per stirpes.
(a) If an applicable statute or a governing instrument calls for property to be distributed “by representation” or “per capita at each generation,” the property is divided into as many equal shares as there are (1) surviving descendants in the generation nearest to the designated ancestor that contains one or more surviving descendants; and (2) […]
Sec. 13.12.517. Penalty clause for contest.
A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.
Sec. 13.12.530. Establishment of will validity before death.
A testator, a person who is nominated in a will to serve as a personal representative, or, with the testator’s consent, an interested party may petition the court to determine before the testator’s death that the will is a valid will subject only to subsequent revocation or modification.
Sec. 13.12.535. Establishment of trust validity before death.
If at least one of the trustees of a trust is a qualified person, the settlor or a trustee of the trust may petition the court to determine before the settlor’s death that the trust is valid and enforceable under its terms, subject only to a subsequent revocation or modification of the trust.