No partition or sale of land devised by any last will shall be made under this Rule 96, contrary to the intention of the testator, expressed in any such will.
Rule 96.07.Partition not be Made Contrary to Will.
Part III · Rule 96: Partition of Real and Personal Property · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 96.07 bars any partition or sale under Rule 96 of land devised by a will if it would go against the intention the testator expressed in that will.
Full Text of Rule 96.07
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981.
Official Comment
This is substantially the same as prior Rule 96.13.
Plain-English Summary
Rule 96.07 places a limit on the reach of Rule 96 as a whole. Partition exists to let co-owners break out of unwanted joint ownership, but that power does not override the wishes of a person who devised land by will and expressed a clear intention about how it should be held or used.
If a testator’s will shows an intent that the land not be divided — for example, language directing that beneficiaries hold the property together, or that it pass as a unit instead of being split or sold — a partition action cannot be used to defeat that intent. The rule protects testamentary intent from being undone by a co-owner who later decides they would prefer cash or a separate parcel over shared ownership.
This provision requires courts to look closely at the will’s language before granting partition of devised land. It does not forbid partition of land that passed by will generally; it only blocks partition or sale that would run contrary to an intention the testator expressed. Where the will is silent or does not address division, this rule does not stand in the way, and the ordinary partition rules apply.
Frequently Asked Questions
Does Rule 96.07 ban partition of any land that passed through a will?
No. It only blocks partition or sale that would be contrary to an intention the testator expressed in the will; where the will does not address the matter, ordinary partition rules apply.
Which kinds of will language would trigger this rule?
Any language expressing the testator's intent about how the land should be held, used, or kept together, if a partition or sale would contradict that expressed intent.
Who benefits from this protection?
The testator's expressed intentions are protected, which in turn protects beneficiaries who were meant to hold the property under the terms the testator set.
Can a co-owner still ask for partition if the will is silent on the subject?
Yes, this rule only restricts partition when the testator expressed a contrary intention in the will.
Does this rule apply to land acquired outside of a will?
No, it specifically addresses land devised by a last will.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: will restricts partitiontestator intent partitiondevised land division limitspartition against will terms