Alabama § 43-8-90 Omitted Spouse

Alabama Statutes

§ 43-8-90 — Omitted Spouse

Alabama·Title 43 Wills and Decedents’ Estates·Ch. 8 Probate Code·Art. 5 Spouse and Children Not Provided for in Will

(a)If a testator fails to provide by will for his or her surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he or she would have received if the decedent left no will unless it appears from the will that the omission was intentional or the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision be reasonably proven.

(b)In satisfying a share provided by this section, the devises made by the will abate as provided in Section 43-8-76.

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(a) If a testator fails to provide by will for his or her surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he or she would have received if the decedent left no will unless it appears from the will that the omission was intentional or the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision be reasonably proven.
(b) In satisfying a share provided by this section, the devises made by the will abate as provided in Section 43-8-76.

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