Iowa Code 633.268 – Presumption attending devise to spouse
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Terms Used In Iowa Code 633.268
- Devisee: includes legatee. See Iowa Code 633.3
- Intestate: Dying without leaving a will.
- Surviving spouse: means the surviving wife or husband, as the case may be. See Iowa Code 633.3
- Testator: A male person who leaves a will at death.
Where the testator‘s spouse is named as a devisee in a will, it shall be presumed, unless the intent is clear and explicit to the contrary, and except as provided in section 633.272, that such devise is in lieu of the intestate share and homestead rights of the surviving spouse.