Iowa Code 633.271 – Effect of divorce or dissolution
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Terms Used In Iowa Code 633.271
- Fiduciary: A trustee, executor, or administrator.
- 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
- Testator: A male person who leaves a will at death.
633.271 Effect of divorce or dissolution.
1. If after making a will the testator is divorced or the testator’s marriage is dissolved, all provisions in the will in favor of the testator’s spouse or of a relative of the testator’s spouse, including but not limited to dispositions, appointments of property, and nominations to serve in any fiduciary or representative capacity, are revoked by the divorce or dissolution of marriage, unless the will provides otherwise.
2. Unless the will provides otherwise, in the event the testator and spouse remarry each other, the provisions of the will revoked by the divorce or dissolution of marriage shall be reinstated unless otherwise revoked by the testator, except for provisions in favor of a person who died prior to the remarriage which shall not be reinstated.
3. For the purposes of this section, “”relative of the testator’s spouse”” means a person who is related to the divorced testator’s former spouse by blood, adoption, or affinity, and who, subsequent to a divorce or dissolution of marriage, ceased to be related to the testator by blood, adoption, or affinity.
[C66, 71, 73, 75, 77, 79, 81, §633.271]
2000 Acts, ch 1150, §3; 2005 Acts, ch 38, §26
1. If after making a will the testator is divorced or the testator’s marriage is dissolved, all provisions in the will in favor of the testator’s spouse or of a relative of the testator’s spouse, including but not limited to dispositions, appointments of property, and nominations to serve in any fiduciary or representative capacity, are revoked by the divorce or dissolution of marriage, unless the will provides otherwise.
2. Unless the will provides otherwise, in the event the testator and spouse remarry each other, the provisions of the will revoked by the divorce or dissolution of marriage shall be reinstated unless otherwise revoked by the testator, except for provisions in favor of a person who died prior to the remarriage which shall not be reinstated.
3. For the purposes of this section, “”relative of the testator’s spouse”” means a person who is related to the divorced testator’s former spouse by blood, adoption, or affinity, and who, subsequent to a divorce or dissolution of marriage, ceased to be related to the testator by blood, adoption, or affinity.
[C66, 71, 73, 75, 77, 79, 81, §633.271]
2000 Acts, ch 1150, §3; 2005 Acts, ch 38, §26