§ 43-8-72 — Waiver of Right to Elect and of Other Rights

Alabama § 43-8-72

• Jurisdiction: Alabama
• Title 43: Wills and Decedents’ Estates
• Ch. 8: Probate Code
• Art. 4: Elective Share of Surviving Spouse; Abatement

Text

The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property and family allowance, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or a waiver signed by the party waiving after fair disclosure. Unless it provides to the contrary, a waiver of “all rights” (or equivalent language) in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights to elective share, homestead allowance, exempt property and family allowance by each spouse in the property of the other at death and a renunciation by each of all benefits which would otherwise pass to him or her from the other by intestate succession or by virtue of the provisions of any will executed before the waiver or property settlement.

Legislative History

(Acts 1982, No. 82-399, §2-204.)