15-2-606. FAILURE OF TESTAMENTARY PROVISION. (a) Except as provided in section 15-2-605 of this Part, if a devise other than a residuary devise fails for any reason, it becomes a part of the residue.
(b) Except as provided in section 15-2-605 of this Part, if the residue is devised to two (2) or more persons and the share of one (1) of the residuary devisees fails for any reason, his share passes to the other residuary devisee, or to other residuary devisees in proportion to their interests in the residue.
History:
[I.C., sec. 15-2-606, as added by 1971, ch. 111, sec. 1, p. 233.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 2 - INTESTATE SUCCESSION — WILLS
Part 6 - RULES OF CONSTRUCTION
Section 15-2-601 - REQUIREMENT THAT DEVISEE SURVIVE TESTATOR BY 120 HOURS.
Section 15-2-602 - CHOICE OF LAW AS TO MEANING AND EFFECT OF WILLS.
Section 15-2-603 - RULES OF CONSTRUCTION AND INTENTION.
Section 15-2-604 - CONSTRUCTION THAT WILL PASSES ALL PROPERTY — AFTER-ACQUIRED PROPERTY.
Section 15-2-605 - ANTI-LAPSE — DECEASED DEVISEE — CLASS GIFTS.
Section 15-2-606 - FAILURE OF TESTAMENTARY PROVISION.
Section 15-2-607 - CHANGE IN SECURITIES — ACCESSIONS — NONADEMPTION.
Section 15-2-609 - NONEXONERATION.
Section 15-2-610 - EXERCISE OF POWER OF APPOINTMENT.
Section 15-2-612 - ADEMPTION BY SATISFACTION.
Section 15-2-613 - SIMULTANEOUS DEATH — DISPOSITION OF PROPERTY.