Iowa Wills

Iowa Legal Documents

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A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death. For the devolution of property not disposed of by will, see inheritance and intestacy.

In the strictest sense, a “will” has historically been limited to real property while “testament” applies only to dispositions of personal property (thus giving rise to the popular title of the document as “Last Will and Testament”), though this distinction is seldom observed today. A will may also create a testamentary trust that is effective only after the death of the testator.

Any person over the age of majority and of sound mind (having appropriate mental capacity) can draft his or her own will with or without the aid of a lawyer. Additional requirements may vary, depending on the jurisdiction, but generally include the following requirements:

The testator must clearly identify himself or herself as the maker of the will, and that a will is being made; this is commonly called “publication” of the will, and is typically satisfied by the words “last will and testament” on the face of the document.

The testator should declare that he or she revokes all previous wills and codicils. Otherwise, a subsequent will revokes earlier wills and codicils only to the extent to which they are inconsistent. However, if a subsequent will is completely inconsistent with an earlier one, the earlier will is considered completely revoked by implication.

The testator may demonstrate that he or she has the capacity to dispose of his or her property (“sound mind”), and does so freely and willingly.

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The testator must sign and date the will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries). There may be extra witnesses, these are called “supernumerary” witnesses, if there is a question as to an interested-party conflict. Some jurisdictions, notably Pennsylvania, have long abolished any requirement for witnesses. In the United States, Louisiana requires both attestation by two witnesses as well as notarization by a notary public. “Holographic” or handwritten wills generally require no witnesses to be valid.
If witnesses are designated to receive property under the will they are witnesses to, this has the effect, in many jurisdictions, of either (i) disallowing them to receive under the will, or (ii) invalidating their status as a witness. In a growing number of states in the United States, however, an interested party is only an improper witness as to the clauses that benefit him or her (for instance, in Illinois).

The testator’s signature must be placed at the end of the will. If this is not observed, any text following the signature will be ignored, or the entire will may be invalidated if what comes after the signature is so material that ignoring it would defeat the testator’s intentions.

One or more beneficiaries (devisees, legatees) must generally be clearly stated in the text, but some jurisdictions allow a valid will that merely revokes a previous will, revokes a disposition in a previous will, or names an executor.

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The first Europeans to visit the area were the French explorers Jacques Marquette and Louis Joliet in 1673. The U.S. obtained control of the area in 1803 as part of the Louisiana Purchase, and during the first half of the 19th century, there was heavy fighting between white settlers and Indians. Lands were taken from the Indians after the Black Hawk War in 1832 and again in 1836 and 1837.

When Iowa became a state in 1846, its capital was Iowa City; the more centrally located Des Moines became the new capital in 1857. At that time, the state’s present boundaries were also drawn.

Although Iowa produces a tenth of the nation’s food supply, the value of Iowa’s manufactured products is twice that of its agriculture. Major industries are food and associated products, non-electrical machinery, electrical equipment, printing and publishing, and fabricated products.

Iowa stands in a class by itself as an agricultural state. Its farms sell over $10 billion worth of crops and livestock annually. Iowa leads the nation in all corn, soybean, and hog marketings, and comes in third in total livestock sales. Iowa’s forests produce hardwood lumber, particularly walnut, and its mineral products include cement, limestone, sand, gravel, gypsum, and coal.

Tourist attractions include the Herbert Hoover birthplace and library near West Branch; the Amana Colonies; Fort Dodge Historical Museum, Fort, and Stockade; the Iowa State Fair at Des Moines in August; and the Effigy Mounds National Monument, a prehistoric Indian burial site at Marquette.

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