When a husband makes his last will and testament and does not make satisfactory provision therein for his wife, she may, at any time within ninety (90) days after the probate of the will, file in the office where probated a renunciation to the following effect, viz.: "I, A B, the widow of C D, hereby renounce the provision made for me by the will of my deceased husband, and elect to take in lieu thereof my legal share of his estate." Thereupon she shall be entitled to such part of his estate, real and personal, as she would have been entitled to if he had died intestate, except that, even if the husband left no child nor descendant of such, the widow, upon renouncing, shall be entitled to only one-half (1/2) of the real and personal estate of her deceased husband. The husband may renounce the will of his deceased wife under the same circumstances, in the same time and manner, and with the same effect upon his right to share in her estate as herein provided for the widow.
Structure Mississippi Code
Chapter 5 - Wills and Testaments
§ 91-5-1. Who may execute; signature; attestation
§ 91-5-5. Children born after making of the will
§ 91-5-7. Bequests not to lapse in certain cases
§ 91-5-9. Devise to witness void
§ 91-5-13. Creditor competent witness to will
§ 91-5-17. Parties in interest to nuncupative will to be cited
§ 91-5-19. Nuncupative will not to be proven after six months unless reduced to writing
§ 91-5-21. Members of armed forces and mariners at sea excepted
§ 91-5-23. Provision for husband or wife to be in bar
§ 91-5-25. Right of spouse to renounce will; form of renunciation; right to intestate share
§ 91-5-27. Effect of no provision for husband or wife
§ 91-5-29. Effect of wife or husband having separate estate
§ 91-5-33. Person who kills another not to take under his will