Wills and Trusts Bar Practice Exam 2025 – Complete Prep Guide

An omitted spouse's share does not affect the share devised to the testator's children from an earlier marriage because the law typically protects the interests of children, ensuring that they receive their intended inheritance regardless of the subsequent marriage. In many jurisdictions, when a testator creates a will that does not mention a spouse who marries after the will is executed, the spouse is entitled to a certain share of the estate, which is generally prescribed by statute. This entitlement comes in addition to the bequests already made to the children from the earlier marriage and does not diminish those bequests.

The share that the omitted spouse receives is not structured to infringe upon the bequests to the testator's children. Thus, the distribution intended for the children remains intact and will be honored as specified in the will. This safeguard ensures that prior children have their rights protected, establishing a clear distinction between the rights of the spouse and the rights of children from earlier relationships.