# N.Y. EPT Law § 5-1.3: Revocatory effect of marriage after execution of will

> New York · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_NY_AEPT_A5_P1_S5-1.3

## Section

- **Citation:** N.Y. EPT Law § 5-1.3
- **Heading:** Revocatory effect of marriage after execution of will
- **Jurisdiction:** New York
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** New York Code / Act EPT / Article 5 / Part 1 / Section 5-1.3

## Text

§ 5-1.3 Revocatory effect of marriage after execution of will\n (a) If the testator leaves a will executed prior to September first,\nnineteen hundred thirty and marries at any time after such will was\nexecuted, the spouse who survives such testator is entitled to succeed\nto the same portion of the testator's estate as would have passed to\nsuch spouse had the testator died intestate, unless provision was made\nfor the surviving spouse by ante nuptial agreement in writing. No\nevidence shall be admissible to impair or defeat the rights of a\nsurviving spouse hereunder except to establish the existence of such\nante nuptial agreement.\n (b) A surviving spouse may recover the portion of the testator's\nestate to which he is entitled under this section from the\nbeneficiaries, ratably, out of the portions of the estate passing to\nsuch persons under the will. In abating the interests of the\nbeneficiaries the character of the testamentary plan adopted by the\ntestator shall be preserved to the maximum extent possible.\n (c) A surviving spouse may waive his right under this section to an\nintestate share of the testator's estate, and may accept in lieu thereof\nany benefits he may have received, in whatever status, under the will.\n

## Nearby sections

- [N.Y. EPT Law § 5-1.1 Right of election by surviving spouse](https://www.frixlaw.com/law-library/statutes/STATE_NY_AEPT_A5_P1_S5-1.1.md)
- [N.Y. EPT Law § 5-1.1-A Right of election by surviving spouse](https://www.frixlaw.com/law-library/statutes/STATE_NY_AEPT_A5_P1_S5-1.1-A.md)
- [N.Y. EPT Law § 5-1.2 Disqualification as surviving spouse](https://www.frixlaw.com/law-library/statutes/STATE_NY_AEPT_A5_P1_S5-1.2.md)
- [N.Y. EPT Law § 5-1.3 Revocatory effect of marriage after execution of will](https://www.frixlaw.com/law-library/statutes/STATE_NY_AEPT_A5_P1_S5-1.3.md)
- [N.Y. EPT Law § 5-1.4 Revocatory effect of divorce, annulment or declaration of](https://www.frixlaw.com/law-library/statutes/STATE_NY_AEPT_A5_P1_S5-1.4.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NY_AEPT_A5_P1_S5-1.3. Check the current official text before relying on it. Not legal advice.