14-2207. Rights of surviving spouse; waiver; requirements; effect

A. A surviving spouse may waive the person's homestead allowance, exempt property and family allowance rights in whole or in part either before or after marriage by a written contract, agreement or waiver that is signed by the surviving spouse.

B. A surviving spouse's waiver is not enforceable if the surviving spouse provides that either of the following is true:

1. That person did not execute the waiver voluntarily.

2. The waiver was unconscionable when it was executed and before its execution that person:

(a) Was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent.

(b) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided.

(c) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent.

C. The issue of a waiver's unconscionability may only be decided by the court as a matter of law.

D. Unless it provides to the contrary, a waiver that contains the words "all rights" or equivalent language, in relation to the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce, is a waiver of all rights of homestead allowance, exempt property and family allowance by each spouse in the property of the other and a renunciation by each of all benefits that would otherwise pass to each person from the other by intestate succession or by virtue of any will executed before the waiver or property settlement.

14-2207. Rights of surviving spouse; waiver; requirements; effect

A. A surviving spouse may waive the person's homestead allowance, exempt property and family allowance rights in whole or in part either before or after marriage by a written contract, agreement or waiver that is signed by the surviving spouse.

B. A surviving spouse's waiver is not enforceable if the surviving spouse provides that either of the following is true:

1. That person did not execute the waiver voluntarily.

2. The waiver was unconscionable when it was executed and before its execution that person:

(a) Was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent.

(b) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided.

(c) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent.

C. The issue of a waiver's unconscionability may only be decided by the court as a matter of law.

D. Unless it provides to the contrary, a waiver that contains the words "all rights" or equivalent language, in relation to the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce, is a waiver of all rights of homestead allowance, exempt property and family allowance by each spouse in the property of the other and a renunciation by each of all benefits that would otherwise pass to each person from the other by intestate succession or by virtue of any will executed before the waiver or property settlement.