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