Kansas Statutes Annotated

K.S.A. § 59-610 (2026)

Revocation by marriage, birth or adoption; divorce

✓ current as of May 2026

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59-610. Revocation by marriage, birth or adoption; divorce. If after making a will the testator marries and has a child, by birth or adoption, the will is thereby revoked. If after making a will the testator is divorced, all provisions in such will in favor of the testator's spouse so divorced are thereby revoked.

History: L. 1939, ch. 180, § 46; July 1.

Notes of Decisions

Cited in 7 cases, 1977–2017 · leading case: In Re Est. of Van Der Veen, 935 P.2d 1042 (Kan. 1997).

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In Re Est. of Van Der Veen, 935 P.2d 1042 (Kan. 1997). · cites it 2× “Under K.S.A. 59-610, a will written during marriage is revoked as to the spouse upon divorce.”

Trs. of Baker Univ. v. Trs. of the Endowment Ass'n, 564 P.2d 472 (Kan. 1977). “59-611 which provides: “Except as provided in K.S.A. 59-610, no will in writing shall be revoked or altered otherwise than by some other will in writing; or by some other writing of the testator declaring such revocation or alteration and executed with the same formalities with…”

In Re Est. of Wells, Jr., 983 P.2d 279 (Kan. Ct. App. 1999). · cites it 8× “She alleged their subsequent marriage and Emery’s adoption of her daughter revoked the will, pursuant to K.S.A. 59-610, and that Emery died intestate.”

Est. of Merritt ex rel. Merritt v. Wachter, 428 S.W.3d 738 (Mo. Ct. App. 2014). “23-2802, and K.S.A. 59-610 because these statutory requirements render immaterial any unspecified intention of the parties and require the decedent’s beneficiary designation be honored.”

In Re the Trust Est. of Rivas, 666 P.2d 691 (Kan. 1983). “, K.S.A. 59-610. Absent a statute to the contrary, however, the validity of a will of personal property depends on the law of the testator’s domicile at the time of his or her death.”

In re Est. of Rickabaugh (Kan. 2017). “59-611 sets out the mechanics for revoking a written will: "Except as provided in K.S.A. 59-610 [when testator marries or divorces after making a will], no will in writing shall be revoked or altered otherwise than by some other will in writing; or by some other writing of the…”

In the Est. of Kevin N. Merritt, By & Through Its Duly Appointed Pers. Rep., Monique Merritt v. Rebecca L. Wachter Fid. Brokerage Servs., LLC (Mo. Ct. App. 2014). “23-2802, and K.S.A. 59-610 because these statutory requirements render immaterial any unspecified intention of the parties and require the decedent‟s beneficiary designation be honored.”

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