K.S.A. » Chapter 59
Kansas Statutes Annotated

K.S.A. § 59-604 (2026)

Devise or bequest to witness

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59-604. Devise or bequest to witness. A beneficial devise or bequest made in a will to a subscribing witness thereto shall be void, unless there are two other competent subscribing witnesses who are not beneficiaries thereunder. But if such witness would have been entitled to any share of the testator's estate in the absence of a will, then so much of such share as will not exceed the value of the devise or bequest shall pass to the witness from the part of the estate included in the void devise or bequest. Such share shall be considered as a legacy or devise within the meaning of K.S.A. 59-1405.

History: L. 1939, ch. 180, § 40; July 1.

Notes of Decisions
Cited in 4 cases, 1979–2008 · leading case: In Re Roth, 289 B.R. 161 (Bankr. D. Kan. 2003).
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In Re Roth, 289 B.R. 161 (Bankr. D. Kan. 2003). · cites it 2× “2 The Debtor relies on K.S.A. 59-604 to support his position that the terms “bequest” and “devise” are limited to the transfer of property by way of will.”
In Re Est. of Farr, 49 P.3d 415 (Kan. 2002). “A witness who is also a beneficiary may lose all or a portion of the devise or bequest to him or her unless there are *62 at least two other subscribing witnesses who are not beneficiaries, pursuant to K.S.A. 59-604; however, even in such a case, the will still complies with…”
In Re Hall, 394 B.R. 582 (Bankr. D. Kan. 2008). · cites it 2× “K.S.A. 59-604 suggests that the terms “bequest” and “devise” are limited to the transfer of property by way of will.”
In Re the Est. of Giacomini, 603 P.2d 218 (Kan. Ct. App. 1979). · cites it 5× “Appellant bottoms her argument before us on three specific statutes: K.S.A. 59-604, 59-605 and 59-606. The relevant language of these statutes is as follows: “A beneficial devise or bequest made in a will to a subscribing witness thereto shall be void, unless there are two other…”
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