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2011 Ohio Revised Code
Title [21] XXI COURTS - PROBATE - JUVENILE
Chapter 2107: WILLS
2107.36 [Effective Until1/13/2012] Effect of alteration of property.


OH Rev Code § 2107.36 What's This?

An act of a testator which alters but does not wholly divest such testator’s interest in property previously devised or bequeathed by him does not revoke the devise or bequest of such property, but such devise or bequest shall pass to the devisee or legatee the actual interest of the testator, which would otherwise descend to his heirs or pass to his next of kin; unless, in the instrument by which such alteration is made, the intention is declared that it shall operate as a revocation of such previous devise or bequest.

If the instrument by which such alteration is made is wholly inconsistent with the previous devise or bequest, such instrument will operate as a revocation thereof, unless such instrument depends on a condition or contingency, and such condition is not performed or such contingency does not happen.

Effective Date: 10-01-1953

This section is set out twice. See also § 2107.36, as amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

2107.36 [Effective1/13/2012] Effect of alteration of property

An act of a testator that alters but does not wholly divest the testator’s interest in property previously devised or bequeathed by the testator does not revoke the devise or bequest of the property. The devise or bequest shall pass to the devisee or legatee the actual interest of the testator that would otherwise descend to the testator’s heirs or pass to the testator’s next of kin, unless the instrument by which the alteration is made declares the testator’s intention that it shall operate as a revocation of the previous devise or bequest.

If the instrument by which the alteration is made is wholly inconsistent with the previous devise or bequest, the instrument shall operate as a revocation of the devise or bequest, unless the instrument depends on a condition or contingency, and the condition is not performed or the contingency does not happen.

Amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

Effective Date: 10-01-1953

This section is set out twice. See also § 2107.36, effective until 1/13/2012.

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