Which of the following accurately describes a pretermitted spouse?

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!

A pretermitted spouse is defined as a spouse omitted from a will that was executed before the marriage took place. In many jurisdictions, including Delaware, the law intends to protect spouses from being unintentionally excluded from a decedent's estate planning after the marriage has occurred. When a will is created prior to a marriage and does not mention the spouse, the law often provides that this spouse has rights under certain circumstances, entitling them to a portion of the estate as if the decedent had included them in the will. This aims to prevent situations where a person might unintentionally disinherit a new spouse simply because they did not update their will after wedding.

Other choices do not fit the definition of a pretermitted spouse. For instance, a spouse provided for in a will does not fall under this category, as they are explicitly included in the estate plan. A divorced spouse is not considered since divorce typically revokes any provisions made for a spouse in a will, negating their claim to be a pretermitted spouse. A spouse awarded a life estate refers to a specific legal arrangement regarding property rights but does not relate to the context of being pretermitted in the execution of a will before marriage.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy