Intestate Succession and Wills

ORS 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 (Short title) to 106.340 (Certain privileges, immunities, rights, benefits and responsibilities granted or imposed) 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

Where husband, in process of dissolving marriage, made will that did not contemplate remarriage and did not indicate intent that it survive remarriage and husband, before remarriage, did not make agreement creating exception to revocation under this section, will was revoked by remarriage. Stevenson v. U.S. National Bank, 72 Or App 39, 695 P2d 77 (1985), Sup Ct review denied

Validity of voidable marriage could not be attacked in probate proceeding. Werden v. Thorpe, 126 Or App 97, 867 P2d 557 (1994), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021