Inheritance and statutory rights deemed waived, when
If a husband or wife signs a written agreement — either before or after getting married — saying they give up their right to inherit from the other spouse, that agreement counts. But it only counts if the person giving up those rights was told the full picture of what they were giving up and what property both people had, and if they got something fair in return for agreeing.
474.120. and , when. — The rights of inheritance or any other statutory rights of a of a who dies shall be deemed to have been waived if prior to, or after, the marriage such intended spouse or spouse by a written contract did agree to such rights, after of the nature and extent thereof, including the nature and extent of all property interests of the parties, and if the thing or promise given to the waiving is a under all the circumstances.
(RSMo 1939 § 334, A.L. 1955 p. 385 § 247, A.L. 1963 p. 655)
Prior revisions: 1929 § 334; 1919 § 330; 1909 § 362
(1964) Where husband and wife had entered by which each agreed not to share in the other's and waived all interest or of every kind and nature and all marital, statutory, and rights and as surviving spouse, widower was from claiming and family support allowance as well as other participation in wife's estate, except as by the contract. In re Adelman's Estate (A.), 377 S.W.2d 549.
(1968) Anticipatory, preparatory, , and acts performed in reliance on a verbal contract, generally are not sufficient part performance to call for an to the of the statute of frauds; but if the verbal agreement is sufficiently established, the acts are done with the knowledge of the other party, and if the changes in circumstances resulting from such acts are of such nature that the consequences thereof are, or may be, disastrous, the court may the contract, even though the acts are not, strictly speaking, in . Pointer v. (Mo.), 429 S.W.2d 269.
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.