Idaho Statutes
§ 15-2-301 — OMITTED SPOUSE
Idaho·Title 15 UNIFORM PROBATE CODE·Part 3. SPOUSE AND CHILDREN UNPROVIDED FOR IN WILLS·Ch. 2 INTESTATE SUCCESSION — WILLS
(a)If a testator fails to provide by will for his surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he 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 is shown by statements of the testator or from the amount of the transfer or other evidence.
(b)In satisfying a share provided by this section, the devises made by the will abate as provided in section 15-3-902 of this code.
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Related
Montgomery v. Montgomery
205 P.3d 650 (Idaho Supreme Court, 2009)
Matter of Estate of Keeven
716 P.2d 1224 (Idaho Supreme Court, 1986)
Matter of Estate of Keeven
882 P.2d 457 (Idaho Court of Appeals, 1994)
Keeven v. Wakley
716 P.2d 1224 (Idaho Supreme Court, 1986)
Nancy Montgomery v. Mans Montgomery
(Idaho Supreme Court, 2009)
Legislative History
[I.C., sec. 15-2-301, as added by 1971, ch. 111, sec. 1, p. 233.]
Nearby Sections
15
§ 15-1-101
SHORT TITLE§ 15-1-102
PURPOSES — RULE OF CONSTRUCTION§ 15-1-104
SEVERABILITY§ 15-1-105
CONSTRUCTION AGAINST IMPLIED REPEAL§ 15-1-106
EFFECT OF FRAUD AND EVASION§ 15-1-107
EVIDENCE AS TO DEATH OR STATUS§ 15-1-108
ACTS BY HOLDER OF GENERAL POWER§ 15-1-201
GENERAL DEFINITIONS§ 15-1-301
TERRITORIAL APPLICATION§ 15-1-303
VENUE — MULTIPLE PROCEEDINGS — TRANSFER§ 15-1-305
RECORDS AND CERTIFIED COPIES§ 15-1-305A
RECORDING PERMITTED — EFFECT§ 15-1-306
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