3.15.230 Omitted spouse married.
(A) After Execution of Will.
(1) If a will fails to name or provide for a spouse of the decedent whom the decedent marries after the will’s execution and who survives the decedent, referred to in this section as an “omitted spouse,” the spouse must receive a portion of the decedent’s estate as provided for according to spousal right under intestate succession, unless it appears either from the will or from other clear and convincing evidence that the failure was intentional.
(2) In determining whether an omitted spouse has been named or provided for, the following rules apply:
(a) A spouse identified in a will by name is considered named whether identified as a spouse or in any other manner.
(b) A reference in a will to the decedent’s future spouse or spouses, or words of similar import, constitutes a naming of a spouse whom the decedent later marries. A reference to another class such as the decedent’s heirs or family does not constitute a naming of a spouse who falls within the class.
(c) A nominal interest in an estate does not constitute a provision for a spouse receiving the interest.
(3) The omitted spouse must receive an amount equal in value to that which the spouse would have received under this chapter if the decedent had died intestate, unless the Court determines on the basis of clear and convincing evidence that a smaller share, including no share at all, is more in keeping with the decedent’s intent. In making the determination the Court may consider, among other things, the spouse’s property interests under applicable community property or quasi-community property laws, the various elements of the decedent’s dispositive scheme, and a marriage settlement or other provision and provisions for the omitted spouse outside the decedent’s will.
(4) In satisfying a share provided by this section, the bequests made by the will abate as provided in Article VII of this chapter.
(B) Omission of Spouse or Child Living at Execution of a Will. If a will fails to provide for a spouse to whom the decedent was married at the time of the execution of a will, or a child born or adopted and living at the time of the execution of the will, the spouse or child so excluded shall receive that portion of the estate to which he would have been entitled under the rules of intestate succession unless the decedent’s will specifically and clearly states the intent to exclude the named spouse or child. [Res. 06-R-53 § 7.0(M), 5/3/2006.]