Oregon Revised Statutes

Or. Rev. Stat. § 112.305 (2026)

Revocation by marriage; exceptions

✓ current as of May 2026

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112.305 Revocation by marriage; exceptions. A will is revoked by the subsequent marriage of the testator if the testator is survived by a spouse, unless:

(1) The will evidences an intent that it not be revoked by the subsequent marriage or was drafted under circumstances establishing that it was in contemplation of the marriage;

(2) The testator and spouse entered into a written contract before the marriage that either makes provision for the spouse or provides that the spouse is to have no rights in the estate of the testator; or

(3) The testator executed the will after entering into a registered domestic partnership under ORS 106.300 to 106.340 or a similar law in another state and the testator subsequently marries the domestic partner. [1969 c.591 §44; 2015 c.387 §16]

Notes of Decisions

Cited in 8 cases, 1978–2006 · leading case: Stevenson v. United States Nat'l Bank, 695 P.2d 77 (Or. Ct. App. 1985).

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Stevenson v. United States Nat'l Bank, 695 P.2d 77 (Or. Ct. App. 1985). · cites it 4× “Under ORS 112.305, 2 David’s 1980 will was revoked by his remarriage to Alberta, unless one of the two statutory exceptions is applicable.”

Hunter v. Craft, 600 P.2d 415 (Or. 1979). · cites it 6× “Louise Moon Hunter, decedent's widow, petitioned to have the will declared revoked by operation of ORS 112.305 [1] and requested distribution of the entire estate to her as the sole intestate heir.”

Hunter v. Craft, 588 P.2d 617 (Or. Ct. App. 1978). · cites it 8× “Louise Moon Hunter, decedent’s widow, petitioned to have the will declared revoked by operation of ORS 112.305 and a distribution of the estate to her as the sole intestate heir.”

Martin v. Kenworthy, 759 P.2d 335 (Or. Ct. App. 1988). “ORS 112.305. 1 The trial court gave defendants a judgment.”

Werden v. Thorpe, 867 P.2d 557 (Or. Ct. App. 1994). · cites it 3× “He contends that, when Werden married Linda in 1989, the 1983 will was revoked by operation of law under ORS 112.305. 1 The trial *100 court rejected Darin’s position.”

Kassahn v. Kassahn, 868 P.2d 9 (Or. Ct. App. 1994). “Jesse’s marriage to Mabel revoked his will by operation of law, ORS 112.305, and he never executed another will.”

Slusarenko v. Slusarenko, 147 P.3d 920 (Or. Ct. App. 2006). “ORS 112.305 provides, in pertinent part: “A will is revoked by the subsequent marriage of the testator if the testator is survived by a spouse, unless: *330 “(1) The will evidences an intent that it not be revoked by the subsequent marriage or was drafted under circumstances…”

Vandevert v. Dep't of Revenue, 9 Or. Tax 157 (Or. T.C. 1982). “ORS 112.305 provides: “A will is revoked by the subsequent marriage of the testator if the testator is survived by his spouse, * * * .”

— Or. Rev. Stat. § 112.305(1) — 2 cases

Stevenson v. United States Nat'l Bank, 695 P.2d 77 (Or. Ct. App. 1985). “Under ORS 112.305, 2 David’s 1980 will was revoked by his remarriage to Alberta, unless one of the two statutory exceptions is applicable.”

Hunter v. Craft, 588 P.2d 617 (Or. Ct. App. 1978). “Louise Moon Hunter, decedent’s widow, petitioned to have the will declared revoked by operation of ORS 112.305 and a distribution of the estate to her as the sole intestate heir.”

— Or. Rev. Stat. § 112.305(2) — 2 cases

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