New York Estates, Powers & Trusts Law Section 5-1.3 - Revocatory effect of marriage after execution of will

5-1.3 Revocatory effect of marriage after execution of will

(a) If the testator leaves a will executed prior to September first, nineteen hundred thirty and marries at any time after such will was executed, the spouse who survives such testator is entitled to succeed to the same portion of the testator's estate as would have passed to such spouse had the testator died intestate, unless provision was made for the surviving spouse by ante nuptial agreement in writing. No evidence shall be admissible to impair or defeat the rights of a surviving spouse hereunder except to establish the existence of such ante nuptial agreement.

(b) A surviving spouse may recover the portion of the testator's estate to which he is entitled under this section from the beneficiaries, ratably, out of the portions of the estate passing to such persons under the will. In abating the interests of the beneficiaries the character of the testamentary plan adopted by the testator shall be preserved to the maximum extent possible.

(c) A surviving spouse may waive his right under this section to an intestate share of the testator's estate, and may accept in lieu thereof any benefits he may have received, in whatever status, under the will.

Last modified: February 3, 2019