South Dakota Codified Laws 29A-2-301. Entitlement of spouse–Premarital will
(a) A testator‘s surviving spouse who married the testator after the execution of the testator’s will is entitled to receive, as an intestate share, no less than the value of the share of the estate the surviving spouse would have received if the testator had died intestate, unless:
(1) It appears from the will or other evidence that the will was made in contemplation of the testator’s marriage to the surviving spouse;
Terms Used In South Dakota Codified Laws 29A-2-301
- 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.
- Intestate: Dying without leaving a will.
- Testator: A male person who leaves a will at death.
(2) The will expresses the intention that it is to be effective notwithstanding any subsequent marriage; or
(3) 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 the share provided by this section, devises made by the will to the testator’s surviving spouse, if any, are applied first, and other devises abate as provided in § 29A-3-902.
Source: SL 1995, ch 167, § 2-301.