Section 18.22 Presumption Against Intestacy

• Library: Estate Administration 2014 Supp

D. (§18.22) Presumption Against Intestacy

There is a strong presumption in will construction actions that the decedent did not intend to die intestate as to all or any portion of the decedent’s property. Albright v. Albright, 901 S.W.2d 144, 145–46 (Mo. App. W.D. 1995); St. Louis Union Trust Co. v. Bethesda Gen. Hosp., 446 S.W.2d 823 (Mo. 1969). The court will favor a construction that avoids complete or partial intestacy. In re Estate of Renner, 895 S.W.2d 180, 182 (Mo. App. E.D. 1995); Prior v. Prior, 395 S.W.2d 438 (Mo. 1965). Similarly, the court will favor a construction that will permit a will to stand rather than one that would render it void. Nelson v. Mercantile Trust Co., 335 S.W.2d 167 (Mo. 1960).

When the will is not ambiguous, however, the court cannot construe a will to avoid partial intestacy. For example, in In re...