75-2-301 - Entitlement of spouse -- Premarital will.
75-2-301. Entitlement of spouse -- Premarital will.
(1) If a testator's surviving spouse married the testator after the testator executed his will,the surviving spouse is entitled to receive, as an intestate share, no less than the value of the shareof the estate he would have received if the testator had died intestate as to that portion of thetestator's estate, if any, that neither is devised to a child of the testator who was born before thetestator married the surviving spouse and who is not a child of the surviving spouse nor is devisedto a descendant of such a child or passes under Section 75-2-603 or 75-2-604 to such a child or toa descendant of such a child, unless:
(a) it appears from the will or other evidence that the will was made in contemplation ofthe testator's marriage to the surviving spouse;
(b) the will expresses the intention that it is to be effective notwithstanding anysubsequent marriage; or
(c) the testator provided for the spouse by transfer outside the will and the intent that thetransfer be in lieu of a testamentary provision is shown by the testator's statements or isreasonably inferred from the amount of the transfer or other evidence.
(2) In satisfying the share provided by this section, devises made by the will to thetestator's surviving spouse, if any, are applied first, and other devises, other than a devise to achild of the testator who was born before the testator married the surviving spouse and who is nota child of the surviving spouse or a devise or substitute gift under Section 75-2-603 or 75-2-604to a descendant of such a child, abate as provided in Section 75-3-902.
Repealed and Re-enacted by Chapter 39, 1998 General Session