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Estate, Powers and Trusts Law 5-1.3
EPTL 5-1.3 Revocatory effect of marriage after execution of will

EPTL 5-1.3
Revocatory effect of marriage after execution of will

(a) If the testator leaves a will executed prior to September first, nineteen hundred thirty and marries at any time after such will was executed, the spouse who survives such testator is entitled to succeed to the same portion of the testator's estate as would have passed to such spouse had the testator died intestate, unless provision was made for the surviving spouse by ante nuptial agreement in writing.  No evidence shall be admissible to impair or defeat the rights of a surviving spouse hereunder except to establish the existence of such ante nuptial agreement.

(b) A surviving spouse may recover the portion of the testator's estate to which he is entitled under this section from the beneficiaries, ratably, out of the portions of the estate passing to such persons under the will.  In abating the interests of the beneficiaries the character of the testamentary plan adopted by the testator shall be preserved to the maximum extent possible.

(c) A surviving spouse may waive his right under this section to an intestate share of the testator's estate, and may accept in lieu thereof any benefits he may have received, in whatever status, under the will.

This section of the EPTL is provided as part of a free educational service by J. Douglas Barics, attorney at law for reference only. Statutes and codes such as EPTL 5-1.3 are frequently amended, and no representation is made that the above version of EPTL 5-1.3 is current. Updated statutes and codes may be available at the New York State Legislature Website. No statute should be relied on without understanding controlling case law which may further interpret it. An attorney should be consulted for legal advice.

If you have any questions or comments, please feel free to contact Mr. Barics at or (631) 864-2600. For more articles and information, please visit