Sec. 45a-257a. Failure of testator to provide for surviving spouse who married testator after execution of will. Determination of share of estate. - Connecticut Statutes

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Statutes > Connecticut > Title45a > Chap802a > Sec45a-257a

      Sec. 45a-257a. Failure of testator to provide for surviving spouse who married testator after execution of will. Determination of share of estate. (a) If a testator fails to provide by will for the testator's surviving spouse who married the testator after the execution of the will, the surviving spouse shall receive the same share of the estate the surviving spouse would have received if the decedent left no will unless: (1) It appears from the will that the omission was intentional; or (2) the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements, or is reasonably inferred from the amount of the transfer or other evidence.

      (b) In satisfying a share provided in subsection (a) of this section, devises and legacies made by the will abate in accordance with section 45a-426.

      (c) A surviving spouse receiving a share under this section may not elect to take a statutory share under section 45a-436.

      (P.A. 96-95, S. 1; 96-202, S. 12; P.A. 98-52, S. 10.)

      History: P.A. 96-202 changed effective date of P.A. 96-95 from October 1, 1996, to January 1, 1997; P.A. 98-52 added Subsec. (c) prohibiting surviving spouse from electing to take statutory share if receiving a share under this section.

State Codes and Statutes

Statutes > Connecticut > Title45a > Chap802a > Sec45a-257a

      Sec. 45a-257a. Failure of testator to provide for surviving spouse who married testator after execution of will. Determination of share of estate. (a) If a testator fails to provide by will for the testator's surviving spouse who married the testator after the execution of the will, the surviving spouse shall receive the same share of the estate the surviving spouse would have received if the decedent left no will unless: (1) It appears from the will that the omission was intentional; or (2) the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements, or is reasonably inferred from the amount of the transfer or other evidence.

      (b) In satisfying a share provided in subsection (a) of this section, devises and legacies made by the will abate in accordance with section 45a-426.

      (c) A surviving spouse receiving a share under this section may not elect to take a statutory share under section 45a-436.

      (P.A. 96-95, S. 1; 96-202, S. 12; P.A. 98-52, S. 10.)

      History: P.A. 96-202 changed effective date of P.A. 96-95 from October 1, 1996, to January 1, 1997; P.A. 98-52 added Subsec. (c) prohibiting surviving spouse from electing to take statutory share if receiving a share under this section.

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State Codes and Statutes

Statutes > Connecticut > Title45a > Chap802a > Sec45a-257a

      Sec. 45a-257a. Failure of testator to provide for surviving spouse who married testator after execution of will. Determination of share of estate. (a) If a testator fails to provide by will for the testator's surviving spouse who married the testator after the execution of the will, the surviving spouse shall receive the same share of the estate the surviving spouse would have received if the decedent left no will unless: (1) It appears from the will that the omission was intentional; or (2) the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements, or is reasonably inferred from the amount of the transfer or other evidence.

      (b) In satisfying a share provided in subsection (a) of this section, devises and legacies made by the will abate in accordance with section 45a-426.

      (c) A surviving spouse receiving a share under this section may not elect to take a statutory share under section 45a-436.

      (P.A. 96-95, S. 1; 96-202, S. 12; P.A. 98-52, S. 10.)

      History: P.A. 96-202 changed effective date of P.A. 96-95 from October 1, 1996, to January 1, 1997; P.A. 98-52 added Subsec. (c) prohibiting surviving spouse from electing to take statutory share if receiving a share under this section.