I’m not sure why someone would want to do this, but in Oklahoma there are laws that prohibit it.
One is the statutory prohibition on the right of a spouse to will away from the surviving spouse so much of the estate that the surviving spouse would receive less in value than an undivided one-half interest in the property acquired by joint industry of the husband and wife during coverture. A person cannot disinherit a spouse without some type of prior agreement.
If a spouse tries to do this, the surviving spouse has the right of “election”: the obligation imposed upon a party to choose between two inconsistent or alternative rights or claims in cases where there is a clear intention of the person from whom he derives the right that he should not enjoy both.
One exception to this rule is if there is value pre-nuptial agreement.
If you have any questions about this post, Oklahoma estate planning, Wills, Trust or Oklahoma probate, feel free to contact me anytime at sjr@shawnjroberts.com.
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