How does the concept of a pretermitted spouse affect the disposition of a will?

The concept of a pretermitted spouse in the context of wills refers to a situation where a spouse is not mentioned in a will executed by the other spouse. Florida law recognizes that if a person marries after making a will and fails to provide for their new spouse in that will, the pretermitted spouse has the right to receive benefits under the state’s intestacy laws, which govern the distribution of an estate when someone dies without a valid will.

In essence, even if the deceased spouse had a will that omitted the new spouse, this pretermitted spouse is entitled to a share of the estate as if the deceased spouse had died intestate. This concept is rooted in the recognition of marital rights and the understanding that not including a spouse in a will does not reflect the intent to disinherit them, particularly when the marriage occurred after the will was written.

Thus, option B is correct because it highlights that the pretermitted spouse is allowed to take a portion of the estate despite the will, ensuring they are not unjustly excluded from the assets due to a failure to update the will after marriage.