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Connecticut Public Acts 1996

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Substitute Senate Bill No. 613

PUBLIC ACT NO. 96-95*

*(Effective January 1, 1997, see P.A. 96-202, S. 10, 12.)

AN ACT SAVING UNAFFECTED PROVISIONS OF A WILL ON A MARRIAGE, DISSOLUTION, OR BIRTH OR ADOPTION OF A CHILD.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (a) If a testator fails to provide by will for the testator's surviving spouse who married the testator after the execution of the will, the surviving spouse shall receive the same share of the estate the surviving spouse would have received if the decedent left no will unless: (1) It appears from the will that the omission was intentional; or (2) the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements, or is reasonably inferred from the amount of the transfer or other evidence.

(b) In satisfying a share provided in subsection (a) of this section, devises and legacies made by the will abate in accordance with section 45a-426 of the general statutes.

Sec. 2. (NEW) (a) Except as provided in subsection (b) of this section, if a testator fails to provide in the testator's will for any of the testator's children born or adopted after the execution of the will, including any child who is born as a result of artificial insemination to which the testator has consented in accordance with subsection (b) of section 45a-772 of the general statutes, the omitted after-born or after-adopted child receives a share in the estate as follows: (1) If the testator had no child living when the testator executed the will, an omitted after-born or after-adopted child receives a share in the estate equal in value to that which the child would have received had the testator died intestate, unless the will devised or bequeathed all or substantially all of the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will. (2) If the testator had one or more children living when the testator executed the will, and the will devised or bequeathed property or an interest in property to one or more of the then-living children, an omitted after-born or after-adopted child is entitled to share in the testator's estate as follows: (A) Except as provided in subparagraph (E) of this subdivision, the portion of the testator's estate in which the omitted after-born or after-adopted child is entitled to share is limited to devises and legacies made to the testator's then-living children under the will. (B) The omitted after-born or after-adopted child is entitled to receive the share of the testator's estate, as limited in subparagraph (A) of this subdivision, that the child would have received had the testator included all omitted after-born and after-adopted children with the children to whom devises and legacies were made under the will and had given an equal share of the estate to each child. (C) To the extent feasible, the interest granted an omitted after-born or after-adopted child under this section must be of the same character, whether equitable or legal, present or future, as that devised or bequeathed to the testator's then-living children under the will. (D) In satisfying a share provided by this subdivision, devises and legacies to the testator's children who were living when the will was executed abate ratably. In the abatement of the devises and legacies of the then-living children, to the maximum extent possible the character of the testamentary plan adopted by the testator shall be preserved. (E) If it appears from the will that the intention of the testator was to make a limited provision which specifically applied only to the testator's living children at the time the will was executed, the after-born or after-adopted child succeeds to the portion of such testator's estate as would have passed to such child had the testator died intestate.

(b) The provisions of subsection (a) of this section shall not apply if: (1) It appears from the will that the omission was intentional; or (2) The testator provided for the omitted after-born or after-adopted child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.

(c) If at the time of execution of the will the testator fails to provide in the will for a living child solely because the testator believes the child to be dead, the child is entitled to share in the estate as if the child were an omitted after-born or after-adopted child.

(d) In satisfying a share provided in subdivision (1) of subsection (b) of this section, devises and legacies made by the will abate in accordance with section 45a-426 of the general statutes.

Sec. 3. (NEW) If, after executing a will, the testator's marriage is terminated by dissolution, divorce or annulment, the dissolution, divorce or annulment shall revoke any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator, guardian or other fiduciary, unless the will expressly provides otherwise. Property prevented from passing to a former spouse due to revocation by dissolution, divorce or annulment shall pass as if the former spouse failed to survive the testator, and other provisions conferring power or office on the former spouse shall be interpreted as if the spouse failed to survive the testator. If provisions of the will of the testator are revoked solely by this section, such provisions shall be revived by the testator's remarriage to the former spouse. A decree of separation which does not terminate the status of husband and wife is not a dissolution or divorce for the purposes of this section.

Sec. 4. Section 45a-257 of the general statutes is repealed and the following is substituted in lieu thereof:

[(a) If, after the making of a will, the testator marries or is divorced or his marriage is annulled or dissolved or a child is born to the testator or a minor child is legally adopted by him, or a child is born as a result of A.I.D. as defined in section 45a-771, to which the testator has consented in accordance with subsection (a) of section 45a-772, and no provision has been made in such will for such contingency, such marriage, divorce, annulment, dissolution, birth or adoption of a minor child shall operate as a revocation of such will, provided such divorce, annulment or dissolution shall not operate as a revocation of such will if the spouse of the testator was not a beneficiary under such will. The revocation of such will by divorce, annulment or dissolution of marriage shall be effective only as to wills executed on and after October 1, 1967.]

[(b) A] EXCEPT AS PROVIDED BY SECTIONS 1 TO 3, INCLUSIVE, AND SECTION 5 OF THIS ACT, A will or codicil shall not be revoked in any other manner except by burning, canceling, tearing or obliterating it by the testator or by some person in [his] THE TESTATOR'S presence by [his] THE TESTATOR'S direction, or by a later will or codicil.

Sec. 5. (NEW) Courts of probate may construe the effect of the provisions of sections 1 to 3, inclusive, of this act and section 45a-257 of the general statutes, as amended by section 4 of this act, with respect to wills admitted in their respective districts.

Approved May 8, 1996. Effective January 1, 1997, in accordance with P.A. 96-202, S. 12. Sections 1 to 3, inclusive, effective only as to wills executed on or after January 1, 1997, see P.A. 96-202, S. 10.

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