yourstate.us
Iowa Code § 633.437

Contrary provision as to abatement

Iowa · Iowa Code Chapter 633 — Probate Code · Status: effective

Get this as JSONEmbed this
Cite this
Citation
Iowa Code § 633.437, Contrary provision as to abatement, Iowa, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2277906
Permanent ID
ys:prov:2277906@1
SHA-256
f9205df733d79cd1408e92798fce1336e31193ada94903e5ae386c2447ac7b21

The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.

Full text

1. When provisions of the will, trust or other testamentary instrument of the decedent provide explicitly for an order of abatement contrary to the provisions of section 633.436, the provisions of the will or other testamentary instrument shall determine the order of abatement. 2. Except as provided in subsection 1 of this section, if the provisions of the will, the testamentary plan, or the express or the implied purpose of the devise would be defeated by the order of abatement as provided in section 633.436, then upon application to the court by a fiduciary or a distributee, and after notice to all interested parties, the court shall determine the order for abatement of the shares of distributees in such other manner as may be found necessary to give effect to the intention of the testator. In order to change the order of abatement as provided in section 633.436, it will be necessary for the court to find it clear and convincing that the provisions of the will, the testamentary plan, or the express or implied purpose of the devise would be defeated by the order of abatement stated in section 633.436.