(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.

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Terms Used In Connecticut General Statutes 45a-257a

  • Decedent: A deceased person.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Testator: A male person who leaves a will at death.

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

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