Law on the Last Will & Testament in Iowa

by Beverly Bird
    You can disinherit your children, but not your spouse, in Iowa.

    You can disinherit your children, but not your spouse, in Iowa.

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    Iowa accepts wills made in other states and countries as long as the requirements of that state or country are met. Otherwise, wills must meet the criteria in Chapter 633 of the Code of Iowa. The state does not accept oral -- also called nuncupative -- wills or holographic, or handwritten, wills if they are not signed by witnesses.

    Basic Requirements

    You must be 18 years old to make a will in Iowa, as well as have a clear understanding of what you are doing. You must sign the will unless it is physically impossible for you to do so. In that case, someone else can sign for you, but it can’t be one of your other witnesses to the will.

    Witnesses

    An Iowa will requires two witnesses who must be 16 years of age or older. If either witness is a beneficiary in your will, you will need one more in addition to that individual -- unless he is an heir. An heir is someone closely related to you who would inherit from you according to Iowa’s laws if you die without a will. If the witness is an heir and you do not have a third witness in addition to him, then he can only inherit what he would have received if you had died without a will.

    Self-Proving Provisions

    Iowa accepts self-proved wills. A self-proved will is one with a sworn statement attached to it and is also signed by witnesses. The statement indicates that you made the will with full knowledge of what you were doing, and have met all of Iowa’s criteria. It must be notarized. A self-proved will eliminates the need for your witnesses to appear in court after your death and testify that your will is authentic.

    Codicils

    Codicils are additions to wills, either adding provisions to them or changing one or more provisions. They are legal in Iowa as long as they meet all the same requirements that a will must meet.

    Limitations

    Iowa only allows you to bequeath property that is held in your sole name. You cannot bequeath anything that you co-own with another individual or any asset that has its own named beneficiary. For instance, life insurance policies and retirement assets usually have their own designated beneficiaries. Your beneficiaries cannot receive property if its liquidation is necessary to pay off your debts.

    Marriage Laws

    Your spouse has the choice of accepting either the bequest you made to him in your will, or a statutory percentage of your estate -- what the law says he should receive. In Iowa, this is one-third of your estate's total value. In 2006, the Iowa Supreme Court ruled that the share a spouse can elect to receive in lieu of a bequest includes even assets placed in a trust. However, if you divorce, all provisions in your will relating to your spouse are declared null and void.

    Laws Pertaining to Children

    Iowa allows you to disinherit your children as long as you state explicitly in your will that this is your intention. Otherwise, if a child is born or adopted after you write your will, and is not included in your will, the state assumes this to be an oversight. The child will receive a portion of your estate equal to what she would have received if you died without leaving a will.

    About the Author

    Beverly Bird has been writing professionally since 1983. She is the author of several novels including the bestselling "Comes the Rain" and "With Every Breath." Bird also has extensive experience as a paralegal, primarily in the areas of divorce and family law, bankruptcy and estate law. She covers many legal topics in her articles.

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