15-2-208. WAIVER. The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance and exempt property, or either of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement or waiver signed by the party waiving after fair disclosure. Unless it provides to the contrary, a waiver of "all rights" (or equivalent language) in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights to elective share, homestead allowance and exempt property by each spouse in the property of the other and a renunciation by each of all benefits which would otherwise pass to him from the other by intestate succession or by virtue of the provisions of any will executed before the waiver or property settlement.
History:
[15-2-208, added 1972, ch. 201, sec. 4, p. 510; am. 2016, ch. 262, sec. 3, p. 682.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 2 - INTESTATE SUCCESSION — WILLS
Part 2 - SUCCESSION OF QUASI-COMMUNITY PROPERTY — ELECTIVE SHARE OF SURVIVING SPOUSE
Section 15-2-201 - QUASI-COMMUNITY PROPERTY.
Section 15-2-202 - AUGMENTED ESTATE.
Section 15-2-203 - ELECTIVE RIGHT TO QUASI-COMMUNITY PROPERTY AND AUGMENTED ESTATE.
Section 15-2-204 - RIGHT OF ELECTION PERSONAL.
Section 15-2-205 - PROCEEDING FOR ELECTIVE SHARE — TIME LIMIT.
Section 15-2-206 - EFFECT OF ELECTION ON BENEFITS BY WILL OR STATUTE.