2006 New York Code - Revocatory Effect Of Marriage After Execution Of Will

  § 5-1.3 Revocatory effect of marriage after execution of will
    (a)  If  the testator leaves a will executed prior to September first,
  nineteen hundred thirty and marries at any  time  after  such  will  was
  executed,  the  spouse who survives such testator is entitled to succeed
  to the same portion of the testator's estate as  would  have  passed  to
  such  spouse  had the testator died intestate, unless provision was made
  for the surviving spouse  by  ante  nuptial  agreement  in  writing.  No
  evidence  shall  be  admissible  to  impair  or  defeat  the rights of a
  surviving spouse hereunder except to establish  the  existence  of  such
  ante nuptial agreement.
    (b)  A  surviving  spouse  may  recover  the portion of the testator's
  estate  to  which  he  is  entitled  under   this   section   from   the
  beneficiaries,  ratably,  out  of  the portions of the estate passing to
  such  persons  under  the  will.  In  abating  the  interests   of   the
  beneficiaries  the  character  of  the  testamentary plan adopted by the
  testator shall be preserved to the maximum extent possible.
    (c) A surviving spouse may waive his right under this  section  to  an
  intestate share of the testator's estate, and may accept in lieu thereof
  any benefits he may have received, in whatever status, under the will.

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