§ 402 - Waiver of will by surviving spouse - Vermont Statutes

§ 402. Waiver of will by surviving spouse

The same allowance shall be made when the surviving spouse waives the provision made for him or her in the will of the decedent, except in case the decedent dies without issue, when the surviving spouse may take estate as is provided in like cases of intestate estates, or, when the widow waives the jointure or pecuniary provision made for her in lieu of her interest provided by section 461 of this title, or, when either spouse waives the provisions of the law in case the decedent dies without issue, and shall be in lieu of his or her claim to the personal estate. If the widow was not the first wife of the decedent, and he does not leave issue by her, and an agreement was entered into between them previous to their marriage, this provision shall be subject to the exception in relation to the allowance of such third interest to the widow in such case. (Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)