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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