Which term addresses an omitted spouse in a will?

Which term addresses an omitted spouse in a will?

• A. OMITTED SPOUSE (WILLS)
• B. Gifts to Children (WILLS)
• C. TESTAMENTARY CAPACITY (WILLS)
• D. UNDUE INFLUENCE (WILLS)

Answer: (A)

When a spouse is left out of a will, the familiar rule is the omitted spouse doctrine. This concept exists to prevent accidental or unintended disinheritance. If a will omits a spouse who should be provided for, the surviving spouse can typically claim a share of the estate—often the portion the law would supply under intestacy or an elective share—unless the omission was intentional and clearly stated in the will. In short, this term specifically addresses how to handle an omitted spouse in will practice. The other terms relate to different issues—gifts to children deal with gifts to kids, testamentary capacity concerns mental ability to create a will, and undue influence concerns someone pressuring the testator to make or change a will—so they don’t apply to the situation of an omitted spouse.

When a spouse is left out of a will, the familiar rule is the omitted spouse doctrine. This concept exists to prevent accidental or unintended disinheritance. If a will omits a spouse who should be provided for, the surviving spouse can typically claim a share of the estate—often the portion the law would supply under intestacy or an elective share—unless the omission was intentional and clearly stated in the will. In short, this term specifically addresses how to handle an omitted spouse in will practice. The other terms relate to different issues—gifts to children deal with gifts to kids, testamentary capacity concerns mental ability to create a will, and undue influence concerns someone pressuring the testator to make or change a will—so they don’t apply to the situation of an omitted spouse.