Iowa Code 633.273 – Antilapse statute
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Terms Used In Iowa Code 633.273
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
- Statute: A law passed by a legislature.
- Testator: A male person who leaves a will at death.
633.273 Antilapse statute.
1. If a devisee dies before the testator, leaving issue who survive the testator, the devisee’s issue who survive the testator shall inherit the property devised to the devisee per stirpes, unless from the terms of the will, the intent is clear and explicit to the contrary.
2. A person who would have been a devisee under a class gift, if the person had survived the testator, is treated as a devisee for purposes of this section, provided the person’s death occurred after the execution of the will, unless from the terms of the will, the intent is clear and explicit to the contrary.
[C51, §1287; R60, §2319; C73, §2337; C97, §3281; C24, 27, 31, 35, 39, §11861; C46, 50, 54,
58, 62, §633.16; C66, 71, 73, 75, 77, 79, 81, §633.273]
89 Acts, ch 130, §1; 95 Acts, ch 63, §5
Referred to in §633.273A, 633.274
1. If a devisee dies before the testator, leaving issue who survive the testator, the devisee’s issue who survive the testator shall inherit the property devised to the devisee per stirpes, unless from the terms of the will, the intent is clear and explicit to the contrary.
2. A person who would have been a devisee under a class gift, if the person had survived the testator, is treated as a devisee for purposes of this section, provided the person’s death occurred after the execution of the will, unless from the terms of the will, the intent is clear and explicit to the contrary.
[C51, §1287; R60, §2319; C73, §2337; C97, §3281; C24, 27, 31, 35, 39, §11861; C46, 50, 54,
58, 62, §633.16; C66, 71, 73, 75, 77, 79, 81, §633.273]
89 Acts, ch 130, §1; 95 Acts, ch 63, §5
Referred to in §633.273A, 633.274