3B:5-15. Entitlement of spouse or domestic partner; premarital will.

3B:5-15 Entitlement of spouse or domestic partner; premarital will.

a.If a testator's surviving spouse married the testator after the testator executed the testator's will, or if a testator's domestic partner formed a domestic partnership with the testator after the testator executed the testator's will, the surviving spouse or domestic partner is entitled to receive, as an intestate share, no less than the value of the share of the estate the surviving spouse or domestic partner would have received if the testator had died intestate, unless:

(1)it appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse or in contemplation of the testator's formation of a domestic partnership with the domestic partner;

(2)the will expresses the intention that it is to be effective notwithstanding any subsequent marriage or domestic partnership; or

(3)the testator provided for the spouse or domestic partner 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 the share provided by this section, devises made by the will to the testator's surviving spouse or domestic partner, if any, are applied first, and other devises shall abate ratably and in proportion to their respective interests therein.

c.Notwithstanding any other provision of law to the contrary, this section shall apply only to wills executed on or after September 1, 1978.

Amended 2004, c.132, s.56; 2005, c.331, s.5.