Connecticut § 45a-257a Failure of testator to provide for surviving spouse who married testator after execution of will. Determination of share of estate.

Connecticut Statutes

§ 45a-257a — Failure of testator to provide for surviving spouse who married testator after execution of will. Determination of share of estate.

Connecticut·Title 45a Probate Courts and Procedure·Ch. 802a Wills: Execution and Construction

(a)If a testator fails to provide by will for the testator's surviving spouse who married the testator after the execution of the will, the surviving spouse shall receive the same share of the estate the surviving spouse would have received if the decedent left no will unless:

(1)It appears from the will that the omission was intentional; or (2) 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.

(b)In satisfying a share provided in subsection (a) of this section, devises and legacies made by the will abate in accordance with section 45a-426 .

(c)A surviving spouse receiving a share unde

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(a) If a testator fails to provide by will for the testator's surviving spouse who married the testator after the execution of the will, the surviving spouse shall receive the same share of the estate the surviving spouse would have received if the decedent left no will unless: (1) It appears from the will that the omission was intentional; or (2) 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. (b) In satisfying a share provided in subsection (a) of this section, devises and legacies made by the will abate in accordance with section 45a-426 . (c) A surviving spouse receiving a share under this section may not elect to take a statutory share under section 45a-436 .

Connecticut § 45a-257a (Failure of testator to provide for surviving spouse who married testator after execution of will. Determination of share of estate.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

(P.A. 96-95, S. 1; 96-202, S. 12; P.A. 98-52, S. 10.) History: P.A. 96-202 changed effective date of P.A. 96-95 from October 1, 1996, to January 1, 1997; P.A. 98-52 added Subsec. (c) prohibiting surviving spouse from electing to take statutory share if receiving a share under this section.