59-605.
Preparation of will or provision of will that gives any devise or bequest to writer or preparer.
Any provision in a will, written or prepared for another person, that gives the writer or preparer or the writer's or preparer's parent, children, issue, sibling or spouse any devise or bequest is invalid unless:
(a) The writer or preparer is related to the testator by blood, marriage or adoption and the devise or bequest is not more than the writer or preparer or the writer's or preparer's parent, children, issue, sibling or spouse would receive under the laws of intestate succession, if the property passed in that manner; or
(b) it affirmatively appears that the testator had read or knew the contents of the will and had independent legal advice with reference thereto. As used in this section, "children" and "issue" shall have the same meaning as provided in K.S.A. 59-501, and amendments thereto.
History:
L. 1939, ch. 180, § 41; L. 2002, ch. 135, § 2; L. 2004, ch. 73, § 1; July 1.
Notes of Decisions
In Re the Est. of Koch, 849 P.2d 977 (Kan. Ct. App. 1993).
· cites it 20× “Frederick Koch and William Koch contend this provision in their mother’s will is void under K.S.A. 59-605; void as contrary to public policy; and, because the scrivener of the will was in a conflict of interest position, void as a product of undue influence and constructive…”
In Re the Est. of Kern, 716 P.2d 528 (Kan. 1986).
· cites it 18× “If it shall appear that any will was written or prepared by the sole or principal beneficiary in such will, who, at the time of writing or preparing the same, was the confidential agent or legal adviser of the testator, or who occupied at the time any other position of…”
In Re Est. of Robinson, 644 P.2d 420 (Kan. 1982).
· cites it 13× “: This is an appeal from an order of the district court denying admission of a will to probate on the basis of undue influence in violation of K.S.A. 59-605. The decedent is Owen R. *301 Robinson.”
In Re the Est. of Bennett, 865 P.2d 1062 (Kan. Ct. App. 1993).
· cites it 5× “The contestants sought to deny probate of that will on the grounds that it was a product of undue influence, that Lucille lacked testamentary capacity, and that the will should be denied probate under K.S.A. 59-605. The principal actors in the combat taking place are Leonard and…”
Cresto v. Cresto, 358 P.3d 831 (Kan. 2015).
“In March 2011, Steven and Terese filed a petition for declaratory judgment, alleging that Decedent’s 2008 Will and Trust should be declared invalid for statutory “undue influence” under K.S.A. 59-605 or K.S.A. 58a-406(b) and common-law undue influence exerted by Kathleen.”
In Re Est. of Robinson, 690 P.2d 1383 (Kan. 1984).
· cites it 2× “The trial court found that Owen had testamentary capacity at the time of the execution of the 1976 will but concluded that the will was invalid for violation of K.S.A. 59-605 relative to wills prepared by principal beneficiaries.”
In Re the Est. of Bolinder, 864 P.2d 228 (Kan. Ct. App. 1993).
· cites it 7× “K.S.A. 59-605 provides: “If it shall appear that any will was written or prepared by the sole or principal beneficiary in such will, who, at the time of writing or preparing die same, was the confidential agent or legal adviser of the testator, or who occupied at the time any…”
In Re the Est. of Alexander, 749 P.2d 1052 (Kan. Ct. App. 1988).
· cites it 5× “: The sole issue in this appeal is the applicability of K.S.A. 59-605 to a situation in which the scrivener of a will is the wife of the principal beneficiary.”
In Re Est. of Robinson, 659 P.2d 172 (Kan. 1983).
“The trial court found that Owen had testamentary capacity at the time of the execution of the 1976 will but concluded that the will was invalid for violation of K.S.A. 59-605 relative to wills prepared by principal beneficiaries.”
In Re the Est. of Giacomini, 603 P.2d 218 (Kan. Ct. App. 1979).
· cites it 4× “It is not disputed that the decedent had no “independent advice” with reference to the will (see K.S.A. 59-605). Appellant bottoms her argument before us on three specific statutes: K.”
In re Est. of Moore (Kan. 2019).
· cites it 2× “K.S.A. 59-605(b) allows the preparer of a will to be a significant beneficiary if it is shown that the testator read or knew the contents of the will and had independent legal advice regarding the 15 contents of the will.”
— K.S.A. § 59-605(b) — 1 case
In re Est. of Moore (Kan. 2019).
“K.S.A. 59-605(b) allows the preparer of a will to be a significant beneficiary if it is shown that the testator read or knew the contents of the will and had independent legal advice regarding the 15 contents of the will.”
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