On what basis can a spouse contest a will of the deceased spouse?
Full Question:
On what basis can a spouse contest a will of the deceased spouse when the deceased spouse has signed off his rights to share in the estate?
01/31/2007 |
Category: Wills and Estates |
State: Kansas |
#1380
Answer:
Section 23-802 of the Kansas Statutes provides in part:
"Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
Section 23-804 of the Kansas Statutes provides in part:
(a) Parties to a premarital agreement may contract with respect to all of the following:
(1) The rights and obligations of each of the parties in any of the property of either, or both, whenever and wherever acquired or located;
(2) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property;
(3) the disposition of property upon separation, marital dissolution, death or the occurrence or nonoccurence of any other event;
(4) the modification or elimination of spousal support;
(5) the making of a will, trust or other arrangement to carry out the provisions of the agreement;
(6) the ownership rights in and disposition of the death benefit from a life insurance policy;
(7) the choice of law governing the construction of the agreement; and
(8) any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
Such an agreement could be set aside by a court if the surviving spouse could prove that the agreement was invalid due to lack of mental competency of the deceased spouse, undue influence, or that the agreement was not executed in accordance with Kansas law.