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This entry was published on 2014-09-22
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Revocatory effect of marriage after execution of will
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 5, PART 1
§ 5-1.3 Revocatory effect of marriage after execution of will

(a) If the testator leaves a will executed prior to September first,
nineteen hundred thirty and marries at any time after such will was
executed, the spouse who survives such testator is entitled to succeed
to the same portion of the testator's estate as would have passed to
such spouse had the testator died intestate, unless provision was made
for the surviving spouse by ante nuptial agreement in writing. No
evidence shall be admissible to impair or defeat the rights of a
surviving spouse hereunder except to establish the existence of such
ante nuptial agreement.

(b) A surviving spouse may recover the portion of the testator's
estate to which he is entitled under this section from the
beneficiaries, ratably, out of the portions of the estate passing to
such persons under the will. In abating the interests of the
beneficiaries the character of the testamentary plan adopted by the
testator shall be preserved to the maximum extent possible.

(c) A surviving spouse may waive his right under this section to an
intestate share of the testator's estate, and may accept in lieu thereof
any benefits he may have received, in whatever status, under the will.