Legal Question in Wills and Trusts in Pennsylvania

Marriage and a Will

Can one person from a marriage make a will without the spouse's knowledge or approval?


Asked on 12/19/06, 1:19 pm

1 Answer from Attorneys

Douglas Humes Law Office of Douglas P. Humes

Re: Marriage and a Will

Yes, one spouse can make a will without the other spouse's knowledge or consent. However, in Pennsylvania, a spouse has some protection against being completely disinherited by the deceased spouse. If the surviving spouse does not like their treatment under the will, they can instead choose to take their elective share of 1/3rd of the deceased spouse's estate (with certain exceptions). The intent of this law is to protect the surviving spouse from being completely disinherited by a secretive husband or wife.

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Answered on 12/19/06, 1:57 pm


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