Iowa Code 633.535 – Person causing death or injury
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Terms Used In Iowa Code 633.535
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Decedent: A deceased person.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- 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
633.535 Person causing death or injury.
1. A person who intentionally and unjustifiably causes or procures the death of another shall not receive any property, benefit, or other interest by reason of the death as an heir, distributee, beneficiary, appointee, or in any other capacity whether the property, benefit, or other interest passed under any form of title registration, testamentary or nontestamentary instrument, intestacy, renunciation, or any other circumstance. The property, benefit, or other interest shall pass as if the person causing death died before the decedent.
2. A joint tenant who intentionally and unjustifiably causes or procures the death of another joint tenant which affects their interests so that the share of the decedent passes as the decedent’s property has no rights by survivorship. This provision applies to joint tenancies and tenancies by the entireties in real and personal property, joint and multiple-party accounts in banks, savings and loan associations, credit unions, and other institutions, and any other form of co-ownership with survivorship rights.
3. A named beneficiary of a bond, life insurance policy, or life insurance contract who intentionally and unjustifiably causes or procures the death of the principal obligee or person upon whose life the policy is issued or whose death generates the benefits under the bond or contract is not entitled to any benefit under the bond, policy, or contract, and the benefits become payable as though the person causing death had predeceased the decedent.
4. a. A named beneficiary of a bond, life insurance policy, or life insurance contract convicted of a felony referenced in paragraph “”d”” that was perpetrated against the principal obligee or person upon whose life the policy is issued or whose death generates the benefits, in the six months immediately prior to the obligee’s or person’s death, is not entitled to any benefit under the bond, policy, or contract.
b. The procedure set out in § 633.536 applies and the benefits become payable as though the convicted obligee or person had predeceased the decedent.
c. However, a principal obligee or person upon whose life the policy is issued or whose death generates the benefits, in the six months immediately prior to the obligee’s or person’s death, may affirm by a signed, notarized affidavit that the beneficiary should receive any benefit under the bond, policy, or contract despite a felony conviction referenced in this subsection.
d. This subsection applies to a conviction for any of the following felonies: (1) Any felony contained in chapter 707.
(2) Any felony contained in chapter 708. (3) Any felony contained in chapter 709. (4) Any felony contained in chapter 710. (5) Any felony contained in chapter 710A.
[C97, §3386; S13, §3386; C24, 27, 31, 35, 39, §12032; C46, 50, 54, 58, 62, §636.47; C66, 71,
73, 75, 77, 79, 81, §633.535]
87 Acts, ch 9, §1; 88 Acts, ch 1134, §111; 2017 Acts, ch 123, §1, 2
Referred to in §633.536, 633.537
1. A person who intentionally and unjustifiably causes or procures the death of another shall not receive any property, benefit, or other interest by reason of the death as an heir, distributee, beneficiary, appointee, or in any other capacity whether the property, benefit, or other interest passed under any form of title registration, testamentary or nontestamentary instrument, intestacy, renunciation, or any other circumstance. The property, benefit, or other interest shall pass as if the person causing death died before the decedent.
2. A joint tenant who intentionally and unjustifiably causes or procures the death of another joint tenant which affects their interests so that the share of the decedent passes as the decedent’s property has no rights by survivorship. This provision applies to joint tenancies and tenancies by the entireties in real and personal property, joint and multiple-party accounts in banks, savings and loan associations, credit unions, and other institutions, and any other form of co-ownership with survivorship rights.
3. A named beneficiary of a bond, life insurance policy, or life insurance contract who intentionally and unjustifiably causes or procures the death of the principal obligee or person upon whose life the policy is issued or whose death generates the benefits under the bond or contract is not entitled to any benefit under the bond, policy, or contract, and the benefits become payable as though the person causing death had predeceased the decedent.
4. a. A named beneficiary of a bond, life insurance policy, or life insurance contract convicted of a felony referenced in paragraph “”d”” that was perpetrated against the principal obligee or person upon whose life the policy is issued or whose death generates the benefits, in the six months immediately prior to the obligee’s or person’s death, is not entitled to any benefit under the bond, policy, or contract.
b. The procedure set out in § 633.536 applies and the benefits become payable as though the convicted obligee or person had predeceased the decedent.
c. However, a principal obligee or person upon whose life the policy is issued or whose death generates the benefits, in the six months immediately prior to the obligee’s or person’s death, may affirm by a signed, notarized affidavit that the beneficiary should receive any benefit under the bond, policy, or contract despite a felony conviction referenced in this subsection.
d. This subsection applies to a conviction for any of the following felonies: (1) Any felony contained in chapter 707.
(2) Any felony contained in chapter 708. (3) Any felony contained in chapter 709. (4) Any felony contained in chapter 710. (5) Any felony contained in chapter 710A.
[C97, §3386; S13, §3386; C24, 27, 31, 35, 39, §12032; C46, 50, 54, 58, 62, §636.47; C66, 71,
73, 75, 77, 79, 81, §633.535]
87 Acts, ch 9, §1; 88 Acts, ch 1134, §111; 2017 Acts, ch 123, §1, 2
Referred to in §633.536, 633.537