A will is revoked by the subsequent marriage of the testator if the testator is survived by a spouse, unless:

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Terms Used In Oregon Statutes 112.305

  • Contract: A legal written agreement that becomes binding when signed.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Testator: A male person who leaves a will at death.

(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]