Will Anti-Lapse and Substitute Gifts in Iowa
At a glance
| Instruments and gifts covered | Will devise; separate pour-over rule for gifts to a trustee (§§ 633.273, 633.275). |
|---|---|
| Which devisees qualify | Any devisee with surviving issue, except predeceased spouse’s devise lapses by default (§§ 633.273–633.274). |
| Death or failure trigger | Devisee dies before testator; class member must die after will execution (§ 633.273). |
| Descendant survival period | Substitute issue must survive testator; § 633.273 states no fixed hour count. |
| Who takes and how | Surviving issue inherit deceased devisee’s gift per stirpes (§ 633.273(1)). |
| Class gifts | Would-be class member counts only if death follows will execution (§ 633.273(2)). |
| Failed gift and residue | Other failed nonresiduary gift enters residue; failed multiperson residuary share passes proportionately; undisposed estate by intestacy (§§ 633.273A, 633.272). |
| Contrary intent and survival words | Clear and explicit contrary will intent controls anti-lapse and fallback; spouse exclusion has same override test (§§ 633.273–633.274). |
| Alternative gifts and appointments | Clear, explicit contrary will terms can redirect the gift (§ 633.273). |
| Trust and nonprobate reach | Pour-over gift joins identified trust and follows trust terms; predeath trust termination lapses the gift (§ 633.275). |
Requirements one by one
Who takes and when
Under § 633.273(1), issue of a devisee who dies before the testator take the devised property per stirpes if they survive the testator. The provision does not make kinship between devisee and testator a condition and states no fixed survival-hour count. Under subsection (2), a would-be class member counts only if the death came after the will was executed.
The spouse exception and contrary will terms
Under § 633.274, a devise to a spouse who does not survive the testator lapses despite the general substitute-gift rule. The will can displace that result only through clear and explicit contrary intent. Section 633.273 uses the same clear-and-explicit standard for other substitute gifts.
Other failed gifts and trusts
Under § 633.273A, another failed nonresiduary devise enters the residue. If one of multiple residuary devisees' shares fails, the others take in proportion to their remaining interests, subject to § 633.273 and clear contrary will terms. Under § 633.272, an undisposed part of the estate passes through intestacy.
Under § 633.275, a will's gift to a trustee joins the identified trust and is administered and disposed of under its terms unless the will says otherwise. If the trust was revoked or terminated before the testator died, the gift lapses.
What trips people up
The general § 633.273 substitute rule looks broad, but § 633.274 expressly removes a predeceased spouse's gift from it by default. Class membership also depends on the order of will execution and death. Check those conditions before applying the per-stirpes rule.
Common questions
Must the deceased beneficiary be a relative? Section 633.273 requires surviving issue of the deceased devisee but does not state a kinship test between that devisee and the testator; the separate spouse exception still applies.
What if the will leaves property to a trust that no longer exists at death? Section 633.275 says revocation or termination of that trust before the testator's death causes the pour-over devise or bequest to lapse.
Statutes and sources
- Iowa Code §§ 633.272–633.275. The source fields above contain verbatim official excerpts, section URLs and access dates.
Source links
Every statute quoted above, linked, with the date we checked it.
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