59-623. Reference in will to statement to dispose of certain tangible personal property; admissibility. A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of debt, documents of title, securities, and properties used in trade or business. To be admissible under this section as evidence of intended disposition, the writing either must be in the handwriting of the testator or be signed by the testator, and must describe the items with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; and it may be altered by the testator after its preparation.
History: L. 1975, ch. 299, ยง 28; January 1, 1976.
Revisor's Note:
This section is a part of and supplemental to the Kansas probate code, see 59-2605.
Law Review and Bar Journal References:
"A Practical Review of the 1975 Kansas Probate Code Revisions," Philip S. Frick, 44 J.B.A.K. 137, 138 (1975).
Survey of decedents' estates, Frank Diehl, 15 W.L.J. 358, 359 (1976).
"New Spousal Elective-Share Rights: Leveling the Playing Field," Timothy P. O'Sullivan and Joan M. Bowen, 65 J.K.B.A. No. 2, 18, 19 (1996).
CASE ANNOTATIONS
1. Dispute between will and trust agreement over disposition of property examined in concurring opinion. In re Estate of Pickrell, 14 Kan. App. 2d 375, 383, 791 P.2d 41 (1990).
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