732.301
Pretermitted spouse.
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732.301 Pretermitted spouse.—When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of the testator equal in value to that which the surviving spouse would have received if the testator had died intestate, unless:
(1) Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement;
(2) The spouse is provided for in the will; or
(3) The will discloses an intention not to make provision for the spouse.
The share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805.
History.—s. 1, ch. 74-106; s. 16, ch. 75-220; s. 9, ch. 77-87.
Note.—Created from former s. 731.10.
Notes of Decisions
Cited in 29
cases (2 in the last 5 years), 1979–2024 · leading case: Estate of Ganier v. Estate of Ganier
Estate of Ganier v. Estate of Ganier (1982)
“It requires a construction and interpretation of Florida's pretermitted spouse statute, section 732.301, Florida Statutes (1979), as it relates to the Florida case law in force before the enactment of the Florida Probate Code of 1933.”
Estate of Ganier (1981)
“The personal representative of Emma Kennedy Ganier's estate appeals the lower court's judgment declaring Frederic Ganier was a "pretermitted spouse" pursuant to section 732.301, Florida Statutes (1979) and allowing him to receive one half of Emma's estate.”
Via v. Putnam (1995)
“§ 732.301, Fla. Stat. (1993). The foregoing history indicates that Florida, by application of the common law and by statutory scheme, has always maintained a strong public policy in favor of protecting a surviving spouse of a marriage in existence at the time of a decedent's…”
Saunders v. Saunders (2001)
“Appellant appeals an order denying her petition for an allocation of her share as a pretermitted spouse under section 732.301, Florida Statutes (1999).”
In Re Estate of Gaspelin (1989)
“The beneficiaries under the will of Joseph Gaspelin appeal the final judgment of the probate court declaring Doris Daerr Gaspelin to be a pretermitted spouse pursuant to section 732.301, Florida Statutes (1985).”
Matter of Estate of Mason (1993)
“No provision was made in the will for Tomsche, therefore he was a pretermitted spouse as contemplated by F.S. 732.301 and entitled to share in Mason's estate as though Mason had died intestate.”
Matter of Estate of Keeven (1986)
“Having so stated, the Court of Appeals was implicitly of a different view: We reverse this judgment because the record clearly shows that Frederic was "provided for" in Emma's will, at least prima facie, within the meaning of section 732.301, Florida Statutes (1979).”
Velma J. Hussemann, by Her Next Friend and Attorney-In-Fact Marcella D. Ritter v. Herbert J. Hussemann Jr. And Robert J. (2014)
“See Fla. Stat. § 732.301 (1991) (providing that an elective share may be “waived by .”
Amendments to the Florida Probate Rules (2003)
“§ 732.301, Fla. Stat. Pretermitted spouse.”
Gordon v. Fishman (2018)
“" He contends that when a decedent makes a will in contemplation of marriage, a subsequent marriage does not entitle a surviving spouse to take an intestate share of decedent's estate as a pretermitted spouse under section 732.301. However, the "in contemplation of marriage"…”
Hoffman v. Kohns (1980)
“The answer appears to lie in the application of Section 732.301, Florida Statutes (1975), which reads: 732.”
In Re Amendments to the Florida Probate Rules (2011)
“§ 732.301, Fla. Stat. Pretermitted spouse.”
— 732.301(1) — 1 case
Estate of Ganier v. Estate of Ganier (1982)
“It requires a construction and interpretation of Florida's pretermitted spouse statute, section 732.301, Florida Statutes (1979), as it relates to the Florida case law in force before the enactment of the Florida Probate Code of 1933.”
— 732.301(2) — 3 cases
Estate of Ganier v. Estate of Ganier (1982)
“It requires a construction and interpretation of Florida's pretermitted spouse statute, section 732.301, Florida Statutes (1979), as it relates to the Florida case law in force before the enactment of the Florida Probate Code of 1933.”
Estate of Ganier (1981)
“The personal representative of Emma Kennedy Ganier's estate appeals the lower court's judgment declaring Frederic Ganier was a "pretermitted spouse" pursuant to section 732.301, Florida Statutes (1979) and allowing him to receive one half of Emma's estate.”
— 732.301(3) — 1 case
Estate of Ganier v. Estate of Ganier (1982)
“It requires a construction and interpretation of Florida's pretermitted spouse statute, section 732.301, Florida Statutes (1979), as it relates to the Florida case law in force before the enactment of the Florida Probate Code of 1933.”
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