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   Pennsylvania Estate Law Library

 

Marriage Following a will
A surviving spouse who is omitted from a will that was made prior to his or her marriage to the deceased spouse may have specific rights to the deceased spouse's estate.  Unless the will was made in contemplation of that marriage, Pennsylvania provides the surviving spouse the same amount of the estate that would be received if the decedent had died intestate.  (Contemplation of marriage is best demonstrated by a statement indicating the exclusion of the intended spouse was intentional.)

 

Unlike a pretermitted child, the surviving spouse does not need to contest the will to assert this right.  When this situation occurs, all other testamentary gifts are reduced proportionately by the amount required to pay the surviving spouse's share.

See: Divorce Following a will; Children Born After a will