a.If
a testators surviving spouse married the testator after the testator executed
the testators will, or if a testators domestic partner formed a domestic
partnership with the testator after the testator executed the testators 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 testators marriage to the surviving spouse or in contemplation of the
testators 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 testators 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
testators 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.
For
more information, go to http://njwillsprobatelaw.com/3b_5-15.html?id=2201&a=
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