A will is not revoked by a subsequent marriage of the maker; and the surviving spouse may petition for an elective share when there is a will made prior to the marriage in the same manner, upon the same conditions, and to the same extent, as a surviving spouse may petition for an elective share when there is a will made subsequent to marriage.
N.C. Gen. Stat. § 31-5.3
Will not revoked by marriage; dissent from will made prior to marriage
Applied in 1 court decision — leading case 171 N.C. App. 707 - Clark v. Foust-Graham (2005)
Most recently applied in 171 N.C. App. 707 - Clark v. Foust-Graham (July 2005)
1844, c. 88, s. 10; R.C., c. 119, s. 23; Code, s. 2177; Rev., s. 3116; C.S., s. 4134; 1947, c. 110; 1953, c. 1098, s. 5; 1967, c. 128; 2000-178, s. 5.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.