Evidence was sufficient to support trial court finding that testator, in forming ante nuptial agreement with wife six hours before their wedding, had overreached and defrauded wife such that agreement was invalid and wife did not waive her statutory right to elect to take against testator’s will; there were no substantive discussions about the terms of the agreement, wife had no prior experience with an ante nuptial agreement, testator picked the attorney who drafted the agreement and told wife that she did not need her own attorney, testator prohibited wife from telling anyone about their impending marriage, recital in the agreement that each party consulted with an independent attorney was false, and wife did not understand what waivers in agreement meant in the event of a death of spouse.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com