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 \n
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1976–2022 · leading case:
Porter v. Porter, 286 N.W.2d 649 (Iowa 1979).
Porter v. Porter, 286 N.W.2d 649 (Iowa 1979).
· cites it 49× “They alleged that the dissolution in effect revoked all provisions in the will in favor of Sena because of the operation of section 633.271, The Code. That section provides, in part: "If after making a will the testator is divorced or the marriage is dissolved, all provisions in…”
Russell v. Johnston, 327 N.W.2d 226 (Iowa 1982).
· cites it 22× “The decedent’s children, Sherry Russell and Robert Russell II, contend that the devise to Marie is revoked pursuant to Iowa Code section 633.271. The children also contend that the contingent devise lapsed since it was conditioned upon Marie’s not living on .”
In Re the Marriage of Witten, 672 N.W.2d 768 (Iowa 2003).
· cites it 2× “For example, Iowa Code section 633.271 provides that if a testator is divorced after making a will, “all provisions in the will in favor of the testator’s spouse” are automatically revoked.”
Lynch v. Bogenrief, 237 N.W.2d 793 (Iowa 1976).
“See also § 633.271 (“If after making a will the testator is divorced or the marriage is dissolved, all provisions in the will in favor of the testator’s spouse are thereby revoked.”
In re Est. of Wilson (Iowa Ct. App. 2018).
· cites it 24× “See Iowa Code § 633.271 (1); see also In re Marriage of Thatcher, 864 N.”
In the Matter of the Est. of Robert Scott Darrah (Iowa Ct. App. 2022).
· cites it 2× “On November 20, Robert sent by ordinary mail a notice to Jan (individually) and each of Scott’s children stating: 2 Iowa Code section 633.271(1) (2020) provides, “If after making a will the testator is divorced .”
— Iowa Code § 633.271(1) — 2 cases
In re Est. of Wilson (Iowa Ct. App. 2018).
“See Iowa Code § 633.271 (1); see also In re Marriage of Thatcher, 864 N.”
In the Matter of the Est. of Robert Scott Darrah (Iowa Ct. App. 2022).
“On November 20, Robert sent by ordinary mail a notice to Jan (individually) and each of Scott’s children stating: 2 Iowa Code section 633.271(1) (2020) provides, “If after making a will the testator is divorced .”
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