eLaws of Florida

SECTION 732.301. Pretermitted spouse.  


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  • 1When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of the testator equal in value to that which the surviving spouse would have received if the testator had died intestate, unless:
    47(1) 48Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement;
    63(2) 64The spouse is provided for in the will; or
    73(3) 74The will discloses an intention not to make provision for the spouse.

    86The share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 105733.805106.

History.-s. 1, ch. 74-106; s. 16, ch. 75-220; s. 9, ch. 77-87.

Note

Note.-Created from former s. 731.10.

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Cited by Court Cases:

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