Section 5-1.3. Revocatory effect of marriage after execution of will  


Latest version.
  • (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.