TITLE 15

UNIFORM PROBATE CODE

CHAPTER 2

INTESTATE SUCCESSION — WILLS

PART 3.

SPOUSE AND CHILDREN UNPROVIDED FOR IN WILLS

15-2-301.  Omitted spouse. (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.

History:

[I.C., sec. 15-2-301, as added by 1971, ch. 111, sec. 1, p. 233.]