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Spousal & Family Rights
Omitted Spouse

Virginia Estate Law - Spousal & Family Rights

Family Allowance
Exempt Property
Homestead Exemption
Elective Share
Augmented Estate
Omitted Spouse
Family Residence
Statutory Bar to Estate Rights

Sometimes we can be forgetful or we are just too busy to remember to do things we should do. This is particularly true when it comes to estate planning and will preparation.

It also can happen in the case of a person who has made a will, later marries, but fails to change their will or to prepare a new will to address their subsequent marriage. Observing that this can happen, Virginia law addresses the issue.

§64.1-69.1 of the Code of Virginia provides that if a testator fails to provide by will for a surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate such spouse would have received if the decedent left no will, unless it appears from the will or from the provisions of a validly executed premarital or marital agreement that the omission was intentional.

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