reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-404 — Family Allowance.

524.2-404 FAMILY ALLOWANCE.
(a) In addition to the right to the homestead and exempt property, the decedent's surviving spouse and minor children whom the decedent was obligated to support, and children who were in fact being supported by the decedent, shall be allowed a reasonable family allowance in money out of the estate for their maintenance as follows:
(1) for one year if the estate is inadequate to discharge allowed claims; or
(2) for 18 months if the estate is adequate to discharge allowed claims.
(b) The amount of the family allowance may be determined by the personal representative in an amount not to exceed $2,300 per month.
(c) The family allowance is payable to the surviving spouse, if living; otherwise to the children, their guardian or conservator, or persons having their care and custody.
(d) The family allowance is exempt from and has priority over all claims.
(e) The family allowance is not chargeable against any benefit or share passing to the surviving spouse or children by the will of the decedent unless otherwise provided, by intestate succession or by way of elective share. The death of any person entitled to family allowance does not terminate the right of that person to the allowance.
(f) The personal representative or an interested person aggrieved by any determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined.
History:
1994 c 472 s 34; 2016 c 135 art 2 s 26
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-405 — Source, Determination, And Documentation.

524.2-405 SOURCE, DETERMINATION, AND DOCUMENTATION.
(a) If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to exempt property. Subject to this restriction, the surviving spouse, guardians or conservators of minor children, or children who are adults may select property of the estate as exempt property. The personal representative may make those selections if the surviving spouse, the children, or the guardians of the minor children are unable or fail to do so within a reasonable time or there is no guardian of a minor child.
(b) The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as exempt property.
(c) The personal representative or an interested person aggrieved by any selection, determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a selection or determination under this section other than that which the surviving spouse, guardians or conservators of minor children, children who are adults, or the personal representative selected, could have selected, determined, or could have determined.
History:
1994 c 472 s 35
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-501 — Who May Make A Will.

524.2-501 WHO MAY MAKE A WILL.
Any person 18 or more years of age who is of sound mind may make a will.
History:
1975 c 347 s 22
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-502 — Execution; Witnessed Wills.

524.2-502 EXECUTION; WITNESSED WILLS.
Except as provided in sections 524.2-506 and 524.2-513, a will must be:
(1) in writing;
(2) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction or signed by the testator's conservator pursuant to a court order under section 524.5-411; and
(3) signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing of the will as described in clause (2) or the testator's acknowledgment of that signature or acknowledgment of the will.
History:
1975 c 347 s 22; 1986 c 444; 1994 c 472 s 36; 2003 c 12 art 2 s 6
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-503 — Harmless Error.

524.2-503 HARMLESS ERROR.
(a) If a document or writing added upon a document was not executed in compliance with section 524.2-502, the document or writing is treated as if it had been executed in compliance with section 524.2-502 if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute:
(1) the decedent's will;
(2) a partial or complete revocation of the will;
(3) an addition to or an alteration of the will; or
(4) a partial or complete revival of the decedent's formerly revoked will or of a formerly revoked portion of the will.
(b) This section applies to documents and writings executed on or after March 13, 2020.
History:
2020 c 74 art 1 s 2; 1Sp2021 c 11 art 3 s 27
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-505 — Who May Witness.

524.2-505 WHO MAY WITNESS.
(a) An individual generally competent to be a witness may act as a witness to a will.
(b) The signing of a will by an interested witness does not invalidate the will or any provision of it.
History:
1975 c 347 s 22; 1994 c 472 s 38
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-506 — Choice Of Law As To Execution.

524.2-506 CHOICE OF LAW AS TO EXECUTION.
A will is valid if executed in compliance with section 524.2-502 or if its execution complies with the law at the time of execution of the place where the testator executes the will, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode, or is a national.
History:
1975 c 347 s 22; 2023 c 21 s 3
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-507 — Revocation By Writing Or By Act.

524.2-507 REVOCATION BY WRITING OR BY ACT.
(a) A will or any part thereof is revoked:
(1) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or
(2) by performing a revocatory act, if the testator performed the act with the intent and for the purpose of revoking the will or part or if another individual performed the act in the testator's conscious presence and by the testator's direction. For purposes of this clause, "revocatory act" includes burning, tearing, canceling, obliterating, or destroying the will or any part of it. A burning, tearing, or canceling may be a "revocatory act," whether or not the burn, tear, or cancellation touched any of the words on the will.
(b) If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.
(c) The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked; only the subsequent will is operative on the testator's death.
(d) The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will; each will is fully operative on the testator's death to the extent they are not inconsistent.
History:
1975 c 347 s 22; 1986 c 444; 1994 c 472 s 39; 2023 c 21 s 4
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-508 — Revocation By Changes Of Circumstances.

524.2-508 REVOCATION BY CHANGES OF CIRCUMSTANCES.
Except as provided in sections 524.2-803 and 524.2-804, a change of circumstances does not revoke a will or any part of it.
History:
1975 c 347 s 22; 1994 c 472 s 40; 1995 c 130 s 12
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-509 — Revival Of Revoked Will.

524.2-509 REVIVAL OF REVOKED WILL.
(a) If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under section 524.2-507, paragraph (a), clause (2), the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed.
(b) If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act under section 524.2-507, paragraph (a), clause (2), a revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator did not intend the revoked part to take effect as executed.
(c) If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another later will, the previous will remains revoked in whole or in part, unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect.
History:
1975 c 347 s 22; 1986 c 444; 1994 c 472 s 41
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-510 — Incorporation By Reference.

524.2-510 INCORPORATION BY REFERENCE.
Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
History:
1975 c 347 s 22
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-511 — Testamentary Additions To Trusts.

524.2-511 TESTAMENTARY ADDITIONS TO TRUSTS.
(a) A will may validly devise property to the trustee of a trust established or to be established (i) during the testator's lifetime by the testator, by the testator and some other person, or by some other person, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts, or (ii) at the testator's death by the testator's devise to the trustee, if, in either case, the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death.
(b) Unless the testator's will provides otherwise, property devised to a trust described in paragraph (a) is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised, and must be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.
(c) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse.
(d) This section does not invalidate a devise made by a will executed before February 21, 1963.
History:
1994 c 472 s 42
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-512 — Events Of Independent Significance.

524.2-512 EVENTS OF INDEPENDENT SIGNIFICANCE.
A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation of another individual's will is such an event.
History:
1975 c 347 s 22; 1994 c 472 s 43
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-513 — Separate Writing Identifying Bequest Of Tangible Property.

524.2-513 SEPARATE WRITING IDENTIFYING BEQUEST OF TANGIBLE PROPERTY.
A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money and coin collections, and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing must be referred to in the will, must be either in the handwriting of the testator or be signed by the testator, and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing which has no significance apart from its effect upon the dispositions made by the will.
A writing may include multiple writings and if an item of tangible personal property is disposed of to different persons by different writings, the most recent writing controls the disposition of the item.
History:
1975 c 347 s 22; 1986 c 444; 2000 c 362 s 2
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-514 — Contracts Concerning Succession.

524.2-514 CONTRACTS CONCERNING SUCCESSION.
A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1976, may be established only by (i) provisions of a will stating material provisions of the contract, (ii) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract, or (iii) a writing signed by the decedent evidencing the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
History:
1994 c 472 s 44
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-515 — Deposit Of Will With Court In Testator's Lifetime.

524.2-515 DEPOSIT OF WILL WITH COURT IN TESTATOR'S LIFETIME.
A will may be deposited by the testator or the testator's agent with any court for safekeeping, under rules of the court. The will must be sealed and kept confidential. During the testator's lifetime, a deposited will must be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator or guardian may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible, and to ensure that it will be resealed and kept on deposit after the examination. Upon being informed of the testator's death, the court may deliver the will to the appropriate court.
History:
1994 c 472 s 45
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-516 — Duty Of Custodian Of Will; Liability.

524.2-516 DUTY OF CUSTODIAN OF WILL; LIABILITY.
After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to an appropriate court. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure. A person who willfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
History:
1994 c 472 s 46
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-517 — Penalty Clause For Contest.

524.2-517 PENALTY CLAUSE FOR CONTEST.
A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.
History:
1994 c 472 s 47
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-518 — Certification Of Paper Copy.

524.2-518 CERTIFICATION OF PAPER COPY.
An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will. If the electronic will is made self-proving, the certified paper copy of the will must include the self-proving affidavits. A certified paper copy of an electronic will may be substituted for an original will when an original will is required by this chapter.
History:
2023 c 21 s 5
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-601 — Scope.

524.2-601 SCOPE.
In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a will.
History:
1994 c 472 s 48
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-602 — Will May Pass All Property And After-acquired Property.

524.2-602 WILL MAY PASS ALL PROPERTY AND AFTER-ACQUIRED PROPERTY.
A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's death.
History:
1975 c 347 s 22; 1986 c 444; 1994 c 472 s 49
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-603 — Antilapse; Deceased Devisee; Class Gifts; Words Of Survivorship.

524.2-603
MS 2000 [Repealed, 2001 c 15 s 14]
524.2-603 ANTILAPSE; DECEASED DEVISEE; CLASS GIFTS; WORDS OF SURVIVORSHIP.
Subdivision 1.
Deceased devisee.
If a devisee who is a grandparent or a lineal descendant of a grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if the devisee predeceased the testator, the issue of the deceased devisee who survive the testator by 120 hours take in place of the deceased devisee. If they are all of the same degree of kinship to the devisee, they take equally. If they are of unequal degree, those of more remote degree take by representation. A person who would have been a devisee under a class gift if the person had survived the testator is treated as a devisee for purposes of this section, whether the death occurred before or after the execution of the will.
Subd. 2.
Definition.
For the purposes of section 524.2-601, words of survivorship, such as, in a devise to an individual, "if he or she survives me," or, in a class gift, to "my surviving children," are a sufficient indication of an intent contrary to the application of this section.
History:
2001 c 15 s 13
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-604 — Failure Of Testamentary Provision.

524.2-604 FAILURE OF TESTAMENTARY PROVISION.
(a) Except as provided in section 524.2-603, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.
(b) Except as provided in section 524.2-603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.
History:
1975 c 347 s 22; 1986 c 444; 1994 c 472 s 51; 2002 c 379 art 1 s 102
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-605 — Increase In Securities; Accessions.

524.2-605 INCREASE IN SECURITIES; ACCESSIONS.
(a) If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and are securities of any of the following types:
(1) securities of the same organization acquired by reason of action initiated by the organization or any successor, related, or acquiring organization, excluding any acquired by exercise of purchase options;
(2) securities of another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or any successor, related, or acquiring organization; or
(3) securities of the same organization acquired as a result of a plan of reinvestment.
(b) Distributions in cash before death with respect to a described security are not part of the devise.
History:
1975 c 347 s 22; 1986 c 444; 1994 c 472 s 52
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-607 — Nonexoneration.

524.2-607 NONEXONERATION.
A specific devise passes subject to any mortgage or security interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
History:
1975 c 347 s 22; 1994 c 472 s 54
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-608 — Exercise Of Power Of Appointment.

524.2-608 EXERCISE OF POWER OF APPOINTMENT.
A general residuary clause in a will, or a will making general disposition of all of the testator's property, does not exercise a power of appointment held by the testator unless the testator's will manifests an intention to include property subject to the power.
History:
1975 c 347 s 22; 1986 c 444; 1994 c 472 s 55
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-609 — Ademption By Satisfaction.

524.2-609 ADEMPTION BY SATISFACTION.
(a) Property a testator, while living, gave to a person is treated as a satisfaction of a devise in whole or in part, only if (i) the will provides for deduction of the gift, (ii) the testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise, or (iii) the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.
(b) For purposes of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first.
(c) If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying sections 524.2-603 and 524.2-604, unless the testator's contemporaneous writing provides otherwise.
History:
1975 c 347 s 22; 1994 c 472 s 56; 2002 c 379 art 1 s 103
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-701 — Scope.

524.2-701 SCOPE.
In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a governing instrument. The rules of construction in this part apply to a governing instrument of any type, except as the application of a particular section is limited by its terms to a specific type or types of provision or governing instrument.
History:
1975 c 347 s 22; 1994 c 472 s 57
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-703 — Choice Of Law As To Meaning And Effect Of Governing Instrument.

524.2-703 CHOICE OF LAW AS TO MEANING AND EFFECT OF GOVERNING INSTRUMENT.
The meaning and legal effect of a governing instrument is determined by the local law of the state selected in the governing instrument, unless the application of that law is contrary to the provisions relating to the elective share described in part 2, the provisions relating to exempt property and allowances described in part 4, or any other public policy of this state otherwise applicable to the disposition.
History:
1994 c 472 s 58
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-704 — Power Of Appointment; Meaning Of Specific Reference Requirement.

524.2-704 POWER OF APPOINTMENT; MEANING OF SPECIFIC REFERENCE REQUIREMENT.
If a governing instrument creating a power of appointment expressly requires that the power be exercised by a reference, an express reference, or a specific reference, to the power or its source, it is presumed that the donor's intention, in requiring that the donee exercise the power by making reference to the particular power or to the creating instrument, was to prevent an inadvertent exercise of the power and an attempt to exercise the power by a donee who had knowledge of and intended to exercise the power is effective.
History:
1994 c 472 s 59
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-705 — Class Gifts Construed To Accord With Intestate Succession.

524.2-705 CLASS GIFTS CONSTRUED TO ACCORD WITH INTESTATE SUCCESSION.
Adopted individuals and individuals born out of wedlock, and their respective descendants if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the rules for intestate succession. Terms of relationship that do not differentiate relationships by blood from those by affinity, such as "uncles," "aunts," "nieces," or "nephews," are presumed to exclude relatives by affinity. Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood, such as "brothers," "sisters," "nieces," or "nephews," are presumed to include both types of relationships.
History:
1994 c 472 s 60
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-708 — Class Gifts To "descendants," "issue," Or "heirs Of The Body"; Form Of Distribution If None Specified.

524.2-708 CLASS GIFTS TO "DESCENDANTS," "ISSUE," OR "HEIRS OF THE BODY"; FORM OF DISTRIBUTION IF NONE SPECIFIED.
If a class gift in favor of "descendants," "issue," or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment, in such shares as they would receive, under the applicable law of intestate succession, if the designated ancestor had then died intestate owning the subject matter of the class gift.
History:
1994 c 472 s 61
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-709 — Representation; Per Stirpes; Per Capita At Each Generation.

524.2-709 REPRESENTATION; PER STIRPES; PER CAPITA AT EACH GENERATION.
(a)
Definitions.
In this section:
(1) "Deceased child" or "deceased descendant" means a child or a descendant who either predeceased the distribution date or is deemed to have predeceased the distribution date under section 524.2-702.
(2) "Distribution date," with respect to an interest, means the time when the interest is to take effect in possession or enjoyment. The distribution date need not occur at the beginning or end of a calendar day, but can occur at a time during the course of a day.
(3) "Surviving ancestor," "surviving child," or "surviving descendant" means an ancestor, a child, or a descendant who neither predeceased the distribution date nor is deemed to have predeceased the distribution date under section 524.2-702.
(b)
Representation; per stirpes.
If an applicable statute or governing instrument calls for property to be distributed by "representation" or "per stirpes," the property is divided into as many equal shares as there are (i) surviving children of the designated ancestor and (ii) deceased children who left surviving descendants. Each surviving child, if any, is allocated one share. The share of each deceased child with surviving descendants is divided in the same manner, with subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants.
(c)
Per capita at each generation.
If a governing instrument calls for property to be distributed "per capita at each generation," the property is divided into as many equal shares as there are (i) surviving descendants in the generation nearest to the designated ancestor which contains one or more surviving descendants and (ii) deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated one share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the distribution date.
(d)
Deceased descendant with no surviving descendant disregarded.
For the purposes of paragraphs (b) and (c), an individual who is deceased and left no surviving descendant is disregarded, and an individual who leaves a surviving ancestor who is a descendant of the designated ancestor is not entitled to a share.
History:
1994 c 472 s 62
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-711 — Future Interests In "heirs," "heirs At Law," Or "next Of Kin."

524.2-711 FUTURE INTERESTS IN "HEIRS," "HEIRS AT LAW," OR "NEXT OF KIN."
If a governing instrument calls for a future distribution to or creates a future interest in a designated individual's "heirs," "heirs at law," or "next of kin," the property passes to those persons, including the state of Minnesota under section 524.2-105, and in such shares as would succeed to the designated individual's intestate estate under the laws of intestate succession of the state of Minnesota if the designated individual died when the disposition is to take effect in possession or enjoyment. If the designated individual's surviving spouse is living at the time the disposition is to take effect in possession or enjoyment, the surviving spouse is an heir of the designated individual for the purposes of this section, whether or not the surviving spouse is remarried.
History:
1997 c 9 s 9
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-712 — Decedents Dying After December 31, 2009, And Before January 1, 2011; Formula Clauses To Be Construed To Refer To Federal Estate Tax And Federal Generation-skipping Transfer Tax Laws.

524.2-712 DECEDENTS DYING AFTER DECEMBER 31, 2009, AND BEFORE JANUARY 1, 2011; FORMULA CLAUSES TO BE CONSTRUED TO REFER TO FEDERAL ESTATE TAX AND FEDERAL GENERATION-SKIPPING TRANSFER TAX LAWS.
(a) A governing instrument, including a will or trust agreement, of a decedent who dies after December 31, 2009, and before January 1, 2011, that contains a formula or provision referring to the "unified credit," "estate tax exemption," "applicable exemption amount," "applicable credit amount," "applicable exclusion amount," "generation-skipping transfer tax exemption," "GST exemption," "marital deduction," "maximum marital deduction," "unlimited marital deduction," "inclusion ratio," "applicable fraction," or any section of the Internal Revenue Code relating to the federal estate tax or federal generation-skipping transfer tax, or that measures a share of an estate or trust by reference to federal estate taxes or federal generation-skipping transfer taxes, is deemed to refer to the federal estate tax and federal generation-skipping transfer tax laws as they applied with respect to the estates of decedents dying on December 31, 2009. This paragraph does not apply to a governing instrument, including a will or trust agreement, that manifests an intent that a contrary rule will apply if the decedent dies on a date on which there is no then-applicable federal estate or federal generation-skipping transfer tax.
(b) The personal representative, trustee, or any interested person under the governing instrument, including a will or trust agreement, may bring a proceeding to determine whether the decedent intended that a formula or provision described in paragraph (a) be construed with respect to the law as it existed after December 31, 2009. This proceeding must be commenced by December 31, 2011, and the court may consider extrinsic evidence that contradicts the plain meaning of the will, trust, or other governing instrument. The court may modify a provision of a will, trust, or other governing instrument that refers to the federal estate tax or generation-skipping transfer tax laws as described in paragraph (a) to conform the terms to the decedent's intention, or achieve the decedent's tax objectives in a manner that is not contrary to the decedent's probable intention. The court may provide that its decision, including any decision to modify a provision of a will, trust, or other governing instrument, is effective as of the date of the decedent's death.
History:
2010 c 334 s 14; 2011 c 66 s 3
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-802 — Effect Of Dissolution Of Marriage, Annulment, And Decree Of Separation.

524.2-802 EFFECT OF DISSOLUTION OF MARRIAGE, ANNULMENT, AND DECREE OF SEPARATION.
A person whose marriage to the decedent has been dissolved or annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the person is married to the decedent at the time of death. A decree of separation which does not terminate the status of husband and wife is not a dissolution of marriage for purposes of this section.
History:
1975 c 347 s 22; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-805 — Reformation To Correct Mistakes.

524.2-805 REFORMATION TO CORRECT MISTAKES.
The court may reform the terms of a governing instrument, even if unambiguous, to conform the terms to the transferor's intention, if it is proved by clear and convincing evidence what the transferor's intention was and that the terms of the governing instrument were affected by a mistake of a fact or law, whether in expression or inducement.
History:
2016 c 135 art 2 s 28
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-806 — Modification To Achieve Transferor's Tax Objectives.

524.2-806 MODIFICATION TO ACHIEVE TRANSFEROR'S TAX OBJECTIVES.
Subdivision 1.
Permitted purposes.
In order to achieve tax objectives that are clearly provided for in the transferor's will, the court may modify the terms of a governing instrument, in a manner that is not contrary to the transferor's probable intention, to ensure that the governing instrument correctly creates an interest:
(1) in which a surviving spouse has a qualifying income interest with respect to which an election has been or will be made in whole or in part under section 2056(b)(7), 2056A, or 2523(f) of the Internal Revenue Code;
(2) which will qualify for the marital deduction under section 2056 or 2056A of the Internal Revenue Code, by election or otherwise;
(3) which will qualify for the charitable deduction under section 2055, 2522, or 642(c) of the Internal Revenue Code;
(4) that is to be excepted, excluded, or exempt from or under chapter 13 (tax on generation skipping transfers) of the Internal Revenue Code; or
(5) in a trust that satisfies the criteria for qualified subchapter S trusts under section 1361(d) of the Internal Revenue Code.
Subd. 2.
May be retroactive.
The court may provide that a modification under this section has retroactive effect.
History:
2016 c 135 art 2 s 29
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-1001 — Definitions.

524.2-1001 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 524.2-1001 to 524.2-1010, the terms defined in this section have the meanings ascribed to them.
Subd. 2.
International will.
"International will" means a will executed in conformity with sections 524.2-1002 to 524.2-1005.
Subd. 3.
Authorized person.
"Authorized person" and "person authorized to act in connection with international wills" means a person who by section 524.2-1009, or by the laws of the United States including members of the diplomatic and consular service of the United States designated by Foreign Service Regulations, is empowered to supervise the execution of international wills.
History:
1978 c 525 s 2
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-1002 — International Will; Validity.

524.2-1002 INTERNATIONAL WILL; VALIDITY.
Subdivision 1.
Form.
A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of sections 524.2-1002 to 524.2-1005.
Subd. 2.
Effect of invalidity.
The invalidity of the will as an international will does not affect its formal validity as a will of another kind.
Subd. 3.
Multiple testators.
Sections 524.2-1001 to 524.2-1010 do not apply to the form of testamentary dispositions made by two or more persons in one instrument.
History:
1978 c 525 s 3
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-1003 — International Will; Requirements.

524.2-1003 INTERNATIONAL WILL; REQUIREMENTS.
Subdivision 1.
In writing.
The will must be made in writing. It need not be written by the testator personally. It may be written in any language, by hand or by any other means.
Subd. 2.
Testator's declaration.
The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is the testator's will and that the testator knows the contents thereof. The testator need not inform the witnesses or the authorized person of the contents of the will.
Subd. 3.
Signature.
In the presence of the witnesses and of the authorized person, the testator shall sign the will or, having previously signed it, shall acknowledge the signature.
Subd. 4.
Inability to sign.
If the testator is unable to sign, the absence of the signature does not affect the validity of the international will if the testator indicates the reason for the inability to sign and the authorized person makes note thereof on the will. In that case, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator's name for the testator if the authorized person makes note of this on the will, but it is not required that any person sign the testator's name for the testator.
Subd. 5.
Attestation.
The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.
History:
1978 c 525 s 4; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-1004 — International Wills; Other Points Of Form.

524.2-1004 INTERNATIONAL WILLS; OTHER POINTS OF FORM.
Subdivision 1.
Multiple pages.
The signatures must be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if the testator is unable to sign, by the person signing on the testator's behalf or, if there is no such person, by the authorized person. In addition, each sheet must be numbered.
Subd. 2.
Date.
The date of the will must be the date of its signature by the authorized person. That date must be noted at the end of the will by the authorized person.
Subd. 3.
Safekeeping.
The authorized person shall ask whether the testator wishes to make a declaration concerning the safekeeping of the will. If so and at the express request of the testator, the place where the testator intends to have the will kept must be mentioned in the certificate provided for in section 524.2-1005.
Subd. 4.
Validity.
A will executed in compliance with section 524.2-1003 is not invalid merely because it does not comply with this section.
History:
1978 c 525 s 5; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-1005 — International Will; Certificate.

524.2-1005 INTERNATIONAL WILL; CERTIFICATE.
The authorized person shall sign and attach to the will a certificate establishing that the requirements of sections 524.2-1002 to 524.2-1005 for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate must be substantially in the following form:
CERTIFICATE
(Convention of October 26, 1973)
1. I, .............. (name, address, and capacity),
a person authorized to act in connection with
international wills,
2. certify that on ....... (date)
at..................(place)
3. (testator) .............................(name,
address, date and place of birth) in my
presence and that of the witnesses
4. (a) ...............(name, address, date and
place of birth)
(b) ...............(name, address, date and
place of birth)
has declared that the attached document is his/her will
and that ..he knows the contents thereof.
5. I furthermore certify that:
6. (a) in my presence and in that of the witnesses
(1) the testator has signed the will or has
acknowledged his/her signature previously affixed.
*(2) following a declaration of the testator stating
that the testator was unable to sign the will
for the following
reason.................................,
I have mentioned this declaration on the will,
*and the signature has been affixed
by.....................
(name and address)
7. (b) the witnesses and I have signed the will;
8. *(c) each page of the will has been signed
by ................ and numbered;
9. (d) I have satisfied myself as to the identity
of the testator and of the witnesses as
designated above;
10. (e) the witnesses met the conditions requisite
to act as such according to the law under which
I am acting;
11. *(f) the testator has requested me to include
the following
statement concerning the safekeeping of the will:
....................................................
12. ..............................PLACE OF EXECUTION
13. ..............................DATE
14. ..............................SIGNATURE
and, if necessary, SEAL........
*to be completed if appropriate
History:
1978 c 525 s 6; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-1006 — International Will; Effect Of Certificate.

524.2-1006 INTERNATIONAL WILL; EFFECT OF CERTIFICATE.
In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under sections 524.2-1001 to 524.2-1010. The absence or irregularity of a certificate does not affect the formal validity of a will under sections 524.2-1001 to 524.2-1010.
History:
1978 c 525 s 7
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-1007 — International Will; Revocation.

524.2-1007 INTERNATIONAL WILL; REVOCATION.
An international will is subject to the ordinary rules of revocation of wills.
History:
1978 c 525 s 8
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-1008 — Source And Construction.

524.2-1008 SOURCE AND CONSTRUCTION.
Sections 524.2-1001 to 524.2-1007 derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying sections 524.2-1001 to 524.2-1007, regard shall be had to its international origin and to the need for uniformity in its interpretation.
History:
1978 c 525 s 9
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.2-1009 — Persons Authorized To Act In Relation To International Will; Eligibility; Recognition By Authorizing Agency.

524.2-1009 PERSONS AUTHORIZED TO ACT IN RELATION TO INTERNATIONAL WILL; ELIGIBILITY; RECOGNITION BY AUTHORIZING AGENCY.
Individuals who have been admitted to practice law before the courts of this state and are currently licensed so to do are authorized persons in relation to international wills.
History:
1978 c 525 s 10