Section 43-8-294 – Effect of Disclaimer.
Section 43-8-294 Effect of disclaimer. (a) If the property or interest devolved to a disclaimant under a testamentary instrument or under the laws of intestacy and the deceased owner or donee of a power of appointment has not provided for another disposition, it devolves as if the disclaimant had predeceased the decedent or, if the […]
Section 43-8-229 – Exercise of Power of Appointment.
Section 43-8-229 Exercise of power of appointment. A general residuary clause in a will, or a will making general disposition of all of the testator’s property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intention to include […]
Section 43-8-230 – Construction of Generic Terms to Accord With Relationships as Defined for Intestate Succession; When Person Born Out of Wedlock Treated as Child of Father.
Section 43-8-230 Construction of generic terms to accord with relationships as defined for intestate succession; when person born out of wedlock treated as child of father. Half-bloods, adopted persons, and persons born out of wedlock are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of […]
Section 43-8-231 – Ademption by Satisfaction.
Section 43-8-231 Ademption by satisfaction. Property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part, only if the will provides for deduction of the lifetime gift, or the testator declares in a contemporaneous writing that the gift is […]
Section 43-8-250 – Contracts Concerning Succession, etc.; No Presumption of Nonrevocation From Joint or Mutual Wills.
Section 43-8-250 Contracts concerning succession, etc.; no presumption of nonrevocation from joint or mutual wills. A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1983, can be established only by: (1) Provisions of a will stating material provisions of […]
Section 43-8-251 – Renunciation of Succession.
Section 43-8-251 Renunciation of succession. Renunciation of succession shall be through compliance with Article 11 of this chapter or as otherwise provided by law. (Acts 1982, No. 82-399, §2-801.)
Section 43-8-201 – Contest in Circuit Court After Admission to Probate – Additional Time for Contest by Infants and Persons of Unsound Mind.
Section 43-8-201 Contest in circuit court after admission to probate – Additional time for contest by infants and persons of unsound mind. After the expiration of such six months, the validity of the will can only be contested by infants and persons of unsound mind who had no legal guardian at the time the will […]
Section 43-8-252 – Effect of Divorce, Annulment, or Decree of Separation.
Section 43-8-252 Effect of divorce, annulment, or decree of separation. (a) A person who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, he is married to the decedent at the time of death. A decree of separation […]
Section 43-8-202 – Contest in Circuit Court After Admission to Probate – Trial of Issues by Jury; Consideration of Witnesses’ Testimony.
Section 43-8-202 Contest in circuit court after admission to probate – Trial of issues by jury; consideration of witnesses’ testimony. The circuit court may, in such case, direct an issue to be tried by a jury, and on the trial before the jury, or hearing before the circuit judge, the testimony of the witnesses reduced […]
Section 43-8-253 – Effect of Homicide on Intestate Succession, Wills, Joint Assets, Life Insurance and Beneficiary Designations; Effect of Bona Fide Purchase by Third Party or Good Faith Payment by Obligor, Etc.
Section 43-8-253 Effect of homicide on intestate succession, wills, joint assets, life insurance and beneficiary designations; effect of bona fide purchase by third party or good faith payment by obligor, etc. (a) A surviving spouse, heir or devisee who feloniously and intentionally kills the decedent is not entitled to any benefits under the will or […]