Idaho § 15-2-616 RESTRICTION ON DEVISES TO NURSING HOME OR RESIDENTIAL OR ASSISTED LIVING FACILITY OPERATORS

Idaho Statutes

§ 15-2-616 — RESTRICTION ON DEVISES TO NURSING HOME OR RESIDENTIAL OR ASSISTED LIVING FACILITY OPERATORS

Idaho·Title 15 UNIFORM PROBATE CODE·Part 6. RULES OF CONSTRUCTION·Ch. 2 INTESTATE SUCCESSION — WILLS

A devise or bequest involving either real or personal property, directly or indirectly, to any person who owns, operates or is employed at a nursing home, residential or assisted living facility or any home, including the testator’s home, whether or not licensed, in which the testator was a resident within one (1) year of his death shall be presumed to have been the result of undue influence, rebuttable by clear and convincing evidence. This section shall apply to all property passing by testate succession after July 1, 1983, regardless of when the will was written; provided, this section shall in no way limit or affect the rights of a beneficiary who is related to the testator, or who is a charitable or benevolent society or corporation; provided further that the foregoing limitations sha

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A devise or bequest involving either real or personal property, directly or indirectly, to any person who owns, operates or is employed at a nursing home, residential or assisted living facility or any home, including the testator’s home, whether or not licensed, in which the testator was a resident within one (1) year of his death shall be presumed to have been the result of undue influence, rebuttable by clear and convincing evidence. This section shall apply to all property passing by testate succession after July 1, 1983, regardless of when the will was written; provided, this section shall in no way limit or affect the rights of a beneficiary who is related to the testator, or who is a charitable or benevolent society or corporation; provided further that the foregoing limitations shall not apply to wills of persons whose death is caused by accidental means and whose wills are executed prior to the accident which results in death.

Idaho § 15-2-616 (RESTRICTION ON DEVISES TO NURSING HOME OR RESIDENTIAL OR ASSISTED LIVING FACILITY OPERATORS) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

[15-2-616, added 1983, ch. 236, sec. 1, p. 642; am. 1989, ch. 193, sec. 1, p. 475; am. 1994, ch. 350, sec. 1, p. 1110; am. 2000, ch. 274, sec. 1, p. 801.]