14-2301. Entitlement of spouse; premarital
will
A. If a testator's surviving spouse married the testator after the testator
executed a will, the surviving spouse is entitled to receive as an intestate share that
is not less than the value of the share of the estate the spouse would have received if
the testator had died intestate as to any portion of the testator's estate that neither
is devised to a child of the testator who was born before the testator married the
surviving spouse and who is not a child of the surviving spouse nor is devised to a
descendant of that child or that passes under section 14-2603 or 14-2604 to that child or
to a descendant of that child, 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.
2. The will expresses the intention that it is to be effective notwithstanding any
subsequent marriage.
3. The testator provided for the spouse by transfer outside the will and the intent
that the transfer is in lieu of a testamentary provision is shown by the testator's
statements or can be reasonably inferred from the amount of the transfer or other
evidence.
B. In satisfying the share provided by subsection A of this section, any devises
made by the will to the testator's surviving spouse are applied first. Other devises
abate pursuant to section 14-3902 unless the devise is to a child of the testator who was
born before the testator married the surviving spouse and who is not a child of the
surviving spouse or is a devise or substitute gift under section 14-2603 or 14-2604 to a
descendant of that child.
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