Omitted Spouse

If a person gets married after making a will and does not include their new spouse in that will, the spouse is entitled to a share of the estate as if the decedent had died without a will. This share is determined by intestate succession laws, unless there is clear evidence that the omission was intentional, the spouse received other benefits, or they waived their rights.

John executed his will before marrying Lisa, and he did not mention her in the document. After John's death, Lisa claims her share of the estate. Since John did not provide for Lisa in the will and there is no evidence he intended to omit her, she receives a share equal to what she would have inherited under intestate succession.

Omitted spouses get a slice of the estate pie unless it's clear they were meant to be left out.

Exams may present scenarios where the decedent's intent is ambiguous, leading students to misinterpret whether the omission was intentional or not.

Questions often involve fact patterns where a spouse is omitted from a will, requiring candidates to analyze the intent and any external provisions made for the spouse.