HRS § 560:2-301 Entitlement of Spouse Or Reciprocal Beneficiary; Premarital Will

• Library: Hawaii Statutes
• Edition: 2023
• Currency: Current through 2023 Legislative Session
• Year: 2023
• Citation: HRS § 560:2-301

(a) If a testator's surviving spouse married the testator, or the testator's reciprocal beneficiary entered into a reciprocal beneficiary relationship with the testator, after the testator executed the testator's will, the surviving spouse or reciprocal beneficiary is entitled to receive, as an intestate share, no less than the value of the share of the estate the spouse or reciprocal beneficiary would have received if the testator had died intestate as to that portion of the testator's estate, if any, that neither is devised to a child of the testator who was born before the testator married the surviving spouse or entered into a reciprocal beneficiary relationship with the surviving reciprocal beneficiary and who is not a child of the surviving spouse or reciprocal beneficiary, nor is devised to a descendant of such a child or passes under section 560:2-603 or 560:2-604 to such a child or to a descendant of such a child, unless:

(1) It appears from the will or other evidence that the will was made in contemplation of:

(A) The testator's marriage to the surviving spouse; or

(B) The testator's entering into a reciprocal beneficiary relationship with the reciprocal beneficiary;