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
