ORS 112.305¹
Revocation by marriage
  • exceptions

A will is revoked by the subsequent marriage of the testator if the testator is survived by a spouse, unless:

(1) The will evidences an intent that it not be revoked by the subsequent marriage or was drafted under circumstances establishing that it was in contemplation of the marriage;

(2) The testator and spouse entered into a written contract before the marriage that either makes provision for the spouse or provides that the spouse is to have no rights in the estate of the testator; or

(3) The testator executed the will after entering into a registered domestic partnership under ORS 106.300 (Short title) to 106.340 (Certain privileges, immunities, rights, benefits and responsibilities granted or imposed) or a similar law in another state and the testator subsequently marries the domestic partner. [1969 c.591 §44; 2015 c.387 §16]

Notes of Decisions

Where husband, in process of dissolving marriage, made will that did not contemplate remarriage and did not indicate intent that it survive remarriage and husband, before remarriage, did not make agree­ment creating excep­tion to revoca­tion under this sec­tion, will was revoked by remarriage. Stevenson v. U.S. Na­tional Bank, 72 Or App 39, 695 P2d 77 (1985), Sup Ct review denied

Validity of voidable marriage could not be attacked in probate pro­ceed­ing. Werden v. Thorpe, 126 Or App 97, 867 P2d 557 (1994), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 112—Intestate Succession and Wills, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors112.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 112, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano112.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.
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