Section 43-8-291 – Right to Disclaim Interest in Property.
Section 43-8-291 Right to disclaim interest in property. (a) A person, or the representative of a deceased, incapacitated person, protected person, incompetent or ward, who is an heir, next of kin, devisee, legatee, grantee, donee, surviving joint tenant, person succeeding to a disclaimed interest, beneficiary under a testamentary or nontestamentary instrument or contract, or appointee […]
Section 43-8-226 – Specific Devise of Securities; Change in Securities; Accessions; Nonademption.
Section 43-8-226 Specific devise of securities; change in securities; accessions; nonademption. (a) If the testator intended a specific devise of certain securities rather than the equivalent value thereof, the specific devisee is entitled only to: (1) As much of the devised securities as is a part of the estate at time of the testator’s death; […]
Section 43-8-227 – Nonademption of Specific Devises in Certain Cases; Proceeds of Sale, Condemnation, Insurance or Foreclosure; Sale by Guardian or Curator.
Section 43-8-227 Nonademption of specific devises in certain cases; proceeds of sale, condemnation, insurance or foreclosure; sale by guardian or curator. (a) A specific devisee has the right to the remaining specifically devised property and: (1) Any balance of the purchase price (together with any security interest) owing from a purchaser to the testator at […]
Section 43-8-228 – Nonexoneration.
Section 43-8-228 Nonexoneration. A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts. (Acts 1982, No. 82-399, §2-609.)
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 […]