Brief ⁽¹⁾

SB 30 amends a law dealing with the preparation of wills by persons who are also the primary beneficiary to expand the law to cover both wills and trusts. It provides further than any provision in a will or trust written or prepared for another person that gives the preparer or the preparer's parent, children, issue, sibling, or spouse any devise or bequest is invalid unless: (1) the preparer is related to the testator or grantor by blood or marriage; or (2) it affirmatively appears that the testator or grantor had read or knew the content of the will or trust and had independent legal advise in reference to it.

Current law concerning wills would invalidate the entire will absent inadequate legal advice and there is no exception for a preparer who is a relative.

The Senate Committee struck a similar provision from the bill covering instruments other than wills and trusts.

Background

The bill was requested by the Judicial Council Probate Advisory Committee. Kansas case law has construed the current law to apply only in situations where the confidential agent or legal advisor receives in excess of 50 percent of the estate.

A representative of the Judicial Council requested New Section 2 of the bill covering other instruments be deleted since this provision needs more investigation into its possible impact.

The bill has no fiscal impact.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi