Gagnier v. Gagnier

Opinion

HOLLENHORST, J.

In this case we hold that a spouse’s waiver of her right to take the statutory share of a spouse omitted in her husband’s will is valid when the waiver is contained in a premarital agreement.

The trial court found the waiver ineffective because the spouse was not represented by independent counsel in the preparation of the premarital agreement. We disagree, finding the waiver to be a valid part of a valid premarital agreement. We also find that the trial court erred in failing to exercise its discretion to alternatively decide the validity of the waiver under Probate Code…