§ 15-11-301 — Entitlement of spouse; premarital will

(1) If a testator's surviving
spouse married the testator after the testator executed his or her will, the surviving
spouse is entitled to receive, as an intestate share, no less than the value of the
share of the estate he or she would have received if the testator had died intestate
as to that portion of the testator's estate, if any, that neither is devised outright to
nor in trust for the benefit of a child of the testator who was born before the
testator married the surviving spouse and who is not a child of the surviving spouse
nor is so devised to a descendant of such a child, or passes under section 15-11-603
or 15-11-604 to such a child or to a descendant of such a child, unless:

(a) It appears from the will or other evidence that the will was made in
contemplation of the testator's marriage to the surviving spouse;

(b) The will expresses the intention that it is to be effective notwithstanding
any subsequent marriage; or

(c) The testator provided for the spouse by transfer outside the will and the
intent that the transfer be in lieu of a testamentary provision is shown by the
testator's statements or is reasonably 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 the testator's surviving spouse, if any, are applied first, and other devises, other
than a devise outright to or in trust for the benefit of a child of the testator who was
born before the testator married the surviving spouse and who is not a child of the
surviving spouse or a devise or substitute gift under section 15-11-603 or 15-11-604
to a descendant of such a child, abate as provided in section 15-12-902.

Legislative History

Source: L. 94: Entire part R&RE, p. 993, � 3, effective July 1, 1995.