What happens when a person marries after making a will and is not provided for in the will?

Prepare for the Delaware Wills and Trusts Test. Utilize flashcards and multiple-choice queries, with each question offering hints and clarifications to help you excel in your exam!

When a person marries after making a will and is not provided for in that will, they are entitled to an intestate share of their spouse's estate. This principle is based on the idea that the law recognizes the spouse's right to inherit, even if they were not included in the pre-existing will.

In Delaware, if a will is made before marriage and does not account for the subsequent spouse, the law generally dictates that the new spouse has a right to a share of the estate as if the deceased had left no will. This intestate share reflects the legal presumption that a spouse is to be included in an estate plan, highlighting the importance of updating one's will after significant life events such as marriage.

This outcome reinforces the concept that marriage creates a legal relationship with specific rights and responsibilities, including rights to inheritance. The other possible choices do not accurately reflect the legal position regarding new spouses and wills made prior to the marriage, indicating that the spouse does not simply become disinherited nor does their inheritance depend on the specifics laid out in the will without consideration of the new marital status.

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