Devise or bequest to a spouse or domestic partner

1. Law
2. District of Columbia Code
3. Descent, Distribution, and Trusts. [Enacted title]
4. Rights of Surviving Spouse or Domestic Partner, and Children
5. Devise or bequest to a spouse or domestic partner

Subject to section 19-114 , and unless it is otherwise expressed in the will, a devise of real estate or an interest therein, or a bequest of personal estate or an interest therein, to the surviving spouse or surviving domestic partner, bars his or her share in the decedent’s estate.

(Sept. 14, 1965, 79 Stat. 696, Pub. L. 89-183, § 1; Apr. 27, 2001, D.C. Law 13-292, § 801(f), 48 DCR 2087; Apr. 4, 2006, D.C. Law 16-79, § 5(g), 53 DCR 1035; Mar. 2, 2007, D.C. Law 16-191, § 92(c), 53 DCR 6794.)

Prior Codifications

1981 Ed., § 19-112.

1973 Ed., § 19-112.

Section References

This section is referenced in § 19-113.

Effect of Amendments

D.C. Law 13-292 deleted “, and his or her dower rights” following “decedent’s estate”.

D.C. Law 16-79 rewrote section which had read as follows: “Subject to section 19-114, and unless it is otherwise expressed in the will, a devise of real estate or an interest therein, or a bequest of personal estate or an interest therein, to the surviving spouse, bars his or her share in the decedent’s estate.”

D.C. Law 16-191, in the section credit for D.C. Law 13-292, validated a previously made technical correction.

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