Title 43

The intention of a testator as expressed in his or her will controls the legal effect of his or her dispositions. The rules of construction expressed in the succeeding sections of this article apply unless a contrary intention is indicated by the will. (Acts 1982, No. 82-399, §2-…

A will is construed to pass all property which the testator owns at his or her death including property acquired after the execution of the will. (Acts 1982, No. 82-399, §2-604.)

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 he or she predeceased the testator, the issue of the deceased devisee who survive the testato…

(a) Except as provided in Section 43-8-224 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 43-8-224 if the residue is devised to two or more persons and the share of one of the residuary devisees …

(a) If the testator intended a specific devise of certain securities rather than the equivalent value thereof, the specific devisee is entitled only to: (1) As much of the devised securities as is a part of the estate at time of the testator’s death; (2) Any additional or other s…

(a) A specific devisee has the right to the remaining specifically devised property and: (1) Any balance of the purchase price (together with any security interest) owing from a purchaser to the testator at death by reason of sale of the property; (2) Any amount of a condemnation…

A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts. (Acts 1982, No. 82-399, §2-609.)

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 specific reference is made to the power or there is some other indication of intention to include the…

Half-bloods, adopted persons, and persons born out of wedlock are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of intestate succession. However, a person born out of wedlock is not treated as the …

Property which a testator gave in his or her lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part, only if the will provides for deduction of the lifetime gift, or the testator declares in a contemporaneous writing that the gift is to b…

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, 1983, can be established only by: (1) Provisions of a will stating material provisions of the contract; (2) An express reference in a will to a contract and e…

Renunciation of succession shall be through compliance with Article 11 of this chapter or as otherwise provided by law. (Acts 1982, No. 82-399, §2-801.)

(a) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death. A decree of separation that does not termi…

(a) A surviving spouse, heir, legatee, or devisee who abuses or feloniously and intentionally kills the decedent may not receive any benefits under the will or under Articles 3 through 10 of this chapter, and the estate of decedent passes as if the killer or abuser had predecease…

The appointment of a debtor as an executor is not a discharge of the debt, unless it is so directed in the will. (Code 1852, §1606; Code 1867, §1927; Code 1876, §2291; Code 1886, §1952; Code 1896, §4258; Code 1907, §6167; Code 1923, §10592; Code 1940, T. 61, §17; Code 1975, §43-1…

Administrators with the will annexed have the same powers and authority over the estates which executors named in the will would have, and their acts are as effectual for all purposes. (Code 1923, §10595; Code 1940, T. 61, §22; Code 1975, §43-1-18.)

Whenever any testator, by the terms of his or her will, so provides, no corporation shall be accepted upon the bond of any executor or administrator of such testator. (Code 1896, §3097; Code 1907, §1512; Code 1923, §2645; Code 1940, T. 61, §23; Code 1975, §43-1-19.)

After the death of a testator and on request of an interested person, any person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and if none is known, to an appropriate court. Any person who wilfully fail…

This article may be cited as the Alabama Uniform Disclaimer of Property Interests Act. (Acts 1981, No. 81-156, §1; Code 1975, §35-17-1.)

(a) A person, or the representative of a deceased, incapacitated person, protected person, incompetent or ward, who is an heir, next of kin, devisee, legatee, grantee, donee, surviving joint tenant, person succeeding to a disclaimed interest, beneficiary under a testamentary or n…

(a) Except as provided in subsection (c) of this section, if the property or interest has devolved to the disclaimant under a testamentary instrument or by the laws of intestacy, the disclaimer shall be filed, as to a present interest, not later than nine months after the death o…

The disclaimer shall: (1) Be in writing; (2) Describe the property or interest disclaimed; (3) Declare the disclaimer and extent thereof; and (4) Be signed by the disclaimant. (Acts 1981, No. 81-156, §4; Code 1975, §35-17-4.)

(a) If the property or interest devolved to a disclaimant under a testamentary instrument or under the laws of intestacy and the deceased owner or donee of a power of appointment has not provided for another disposition, it devolves as if the disclaimant had predeceased the deced…

The right to disclaim property or an interest therein is barred by: (1) An assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor; (2) A written waiver of the right to disclaim; (3) An acceptance of the property or interest or…

This article does not abridge the right of a person to waive, release, disclaim, or renounce property or an interest therein under any other statute. (Acts 1981, No. 81-156, §7; Code 1975, §35-17-7.)

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. It is the intent of the legislature of the State of Alabama by this article to clarify the laws of this stat…

An interest in property that exists on the effective date of this article as to which, if a present interest, the time for delivering or filing a disclaimer under this article has not expired or, if a future interest, the interest has not become indefeasibly vested or the taker f…

There is levied in Lamar County a privilege license tax which shall parallel the levy by the State of Alabama of sales and use tax except that the rate of the tax levied shall be one-fourth of the applicable state levy, except, however, the rate of tax levied upon machines, auto-…