Printable Format59-604. 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, ยง 40; July 1.
Source or prior law:
22-212.
Law Review and Bar Journal References:
Under proposed Uniform Probate Code, a will may be signed by an interested witness, Camilla Klein Haviland, 19 K.L.R. 575, 579 (1971).
"Will Contests in Kansas," Dennis M. Feeney & Jeffery L. Carmichael, 64 J.K.B.A. No. 7, 22, 24 (1995).
CASE ANNOTATIONS
1. Spouse of a beneficiary of will is competent witness to will. In re Estate of Williams, 158 Kan. 734, 737, 738, 150 P.2d 336. Reaffirmed: 159 Kan. 232, 153 P.2d 906.
2. Cited; subscribing witness who was also executor is not a testamentary beneficiary; executor had no pecuniary interest. In re Estate of Giacomini, 4 Kan. App. 2d 126, 127, 129, 603 P.2d 218.
3. Cited in discussion of property received as payable on death beneficiary; not included in bankruptcy estate. In re Hall, 394 B.R. 582, 594 (2008).