Alabama § 43-8-90 Omitted Spouse

Alabama Statutes

§ 43-8-90 — Omitted Spouse

Alabama § 43-8-90

Title 43Wills and Decedents’ Estates

Ch. 8Probate Code

Art. 5Spouse and Children Not Provided for in Will

This text of Alabama § 43-8-90 (Omitted Spouse) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 43-8-90 (2026).

Text

(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.

Free access — add to your briefcase to read the full text and ask questions with AI

(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.