§ 33-28-3. Waiver of right to elect and of other rights.
(a) The right of election of a surviving spouse and the rights of the surviving spouse
to allowances pursuant to chapter 10 of this title may be waived, wholly or partially,
before or after marriage, by a written contract, agreement, or waiver signed by the
surviving spouse. The written contract, agreement, or waiver is enforceable without
consideration.
(b) A surviving spouse's waiver is not enforceable if the surviving spouse proves that:
(1)The surviving spouse did not execute the waiver voluntarily; or (2) The waiver
was unconscionabl
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§ 33-28-3. Waiver of right to elect and of other rights.
(a) The right of election of a surviving spouse and the rights of the surviving spouse
to allowances pursuant to chapter 10 of this title may be waived, wholly or partially,
before or after marriage, by a written contract, agreement, or waiver signed by the
surviving spouse. The written contract, agreement, or waiver is enforceable without
consideration.
(b) A surviving spouse's waiver is not enforceable if the surviving spouse proves that:
(1) The surviving spouse did not execute the waiver voluntarily; or (2) The waiver
was unconscionable when it was executed and, before execution of the waiver, the surviving
spouse: (i) Was not provided a fair and reasonable disclosure of the property or financial
obligations of the decedent; (ii) Did not voluntarily and expressly waive, in writing,
any right to disclosure of the property or financial obligations of the decedent beyond
the disclosure provided; and (iii) Did not have, or reasonably could not have had,
an adequate knowledge of the property or financial obligations of the decedent.
(c) An issue of unconscionability of a waiver is for decision by the probate court or
other court of competent jurisdiction as a matter of law.
(d) Unless it provides to the contrary, a waiver of "all rights� or equivalent language
in the property or estate of a present or prospective spouse or a complete property
settlement entered into after, or in anticipation of, separation or divorce is a waiver
of all rights to elective share and allowances pursuant to chapter 10 of this title
by each spouse in the property of the other and a renunciation by each of all benefits
that would otherwise pass to that spouse from the other by intestate succession or
by virtue of any will executed before the waiver or property settlement.