Article 194 provides that any Civil State Official who authorizes the marriage of a widowed woman within 10 months from the death of the widow’s spouse, in violation of the Civil Code regulations for remarriage of widows, is subject to a fine of 20 to 100 Dominican pesos (RD$20.00 to RD$100.00).
In Hall v. McBride (1982), the Alabama Supreme Court reviewed the constitutionality of gender-specific language in Alabama’s probate statutes.
Judgment C-101/05 Constitutional enshrinement of gender equality (2005)
File: D-5342
The Constitutional enshrinement of gender equality clarifies that the right to marry or remarry is a fundamental right, regardless of sex. The Court also held that wills and testaments requiring a woman to remain single or widowed were unconstitutional.
Expediente: D-5342
Linett Wilkerson was the widowed third wife of James Wilkerson. Dennis Wilkerson was James’s adult son from his first marriage. After her husband died, Linett explained to Dennis that she intended to help run one of the family businesses, a golf course. Dennis became furious and told Linett that she had no business in the golf course, and instructed her to follow him outside.
Article 1241 of the Civil Code of Ukraine provides for a special type of inheritance regardless of the content of the will. This article establishes the rule that a certain category of heirs, including incapacitated widows, will inherit half of the share (“compulsory share”) that would belong to them pursuant to inheritance by law. An “incapacitated citizen” is, for example, a person who has reached the age at which they have the right to a pension, a person with a disability, etc. This rule is meant to protect the testator’s closest relatives.
