Conn. Gen. Stat. » Title 45a — PROBATE COURTS AND PROCEDURE · Chapter 802a — Wills: Execution and Construction
Connecticut General Statutes

Conn. Gen. Stat. § 45a-257a (2025)

Failure of testator to provide for surviving spouse who married testator after execution of will. Determination of share of estate

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(a) If a testator fails to provide by will for the testator's surviving spouse who married the testator after the execution of the will, the surviving spouse shall receive the same share of the estate the surviving spouse would have received if the decedent left no will unless: (1) It appears from the will that the omission was intentional; or (2) the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements, or is reasonably inferred from the amount of the transfer or other evidence.

(b) In satisfying a share provided in subsection (a) of this section, devises and legacies made by the will abate in accordance with section 45a-426.

(c) A surviving spouse receiving a share under this section may not elect to take a statutory share under section 45a-436.

(P.A. 96-95, S. 1; 96-202, S. 12; P.A. 98-52, S. 10.)

History: P.A. 96-202 changed effective date of P.A. 96-95 from October 1, 1996, to January 1, 1997; P.A. 98-52 added Subsec. (c) prohibiting surviving spouse from electing to take statutory share if receiving a share under this section.

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Notes of Decisions
Cited in 2 cases, 1998–2005 · leading case: Erickson v. Erickson, 716 A.2d 92 (Conn. 1998).
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Erickson v. Erickson, 716 A.2d 92 (Conn. 1998). · cites it 3× “96-95, and, to the extent that § 45a-257 (a) dealt with the effect of marriage on a will, it has been replaced by General Statutes § 45a-257a, which provides: “Failure of testator to provide for surviving spouse who married testator after execution of will.”
Dinan v. Marchand, 881 A.2d 503 (Conn. App. Ct. 2005). · cites it 2× “General Statutes § 45a-257a (a). 3 General Statutes § 45a-436, titled, “Succession upon death of spouse.”
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