Iowa Code 633.273A – Disposition of failed devise
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Unless from the terms of the will the intent is clear and explicit to the contrary, and except as provided in section 633.273:
1. A devise, other than a residuary devise, that fails for any reason becomes a part of the residuary estate.
Terms Used In Iowa Code 633.273A
- devise: when used as a verb. See Iowa Code 633.3
- Devise: To gift property by will.
- Devisee: includes legatee. See Iowa Code 633.3
- Estate: means the real and personal property of either a decedent or a ward, and may also refer to the real and personal property of a trust described in section 633. See Iowa Code 633.3
2. If the residuary estate is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee or to the other residuary devisees in proportion to the interest of each in the remaining part of the residuary estate.