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