Vermont § 323 - Written waiver of spousal rights

§ 323. Written waiver of spousal rights

• (a) At any time before or during a marriage, a spouse may waive the right to an elective
  share of a deceased spouse’s estate, waive the right to a homestead or other allowance,
  and waive any other spousal rights or interest in property, in whole or in part, by
  a written instrument signed by the waiving spouse. (b) A written waiver of spousal rights is presumed to be valid unless the party contesting
  the waiver demonstrates that: (1) the waiver was not voluntary, or was made as a result of fraud, duress, or coercion; (2) the waiver was unconscionable when signed or is unconscionable in its application
  due to a material change in circumstances that arose subsequent to the execution of
  the instrument through no fault or no action of the contesting party; (3) before signing the waiver, the waiving spouse was not provided fair and reasonable
  disclosure of the property and financial obligations of the decedent; or (4) before signing the waiver, the waiving spouse did not have an opportunity for meaningful
  access to independent counsel. (c) A waiver under this section may be signed on behalf of a waiving spouse by a guardian
  or by an agent or an attorney-in-fact under a power of attorney that: (1) expressly grants the authority to make the election; or (2)(A) grants the agent or attorney-in-fact the authority to act in the management and disposition
  of the principal’s property that is as broad or comprehensive as the principal could
  exercise for himself or herself; and (B) does not expressly exclude the authority to make the election. (d) An agent or attorney-in-fact may petition the Probate Division of the Superior Court
  to determine whether a power of attorney described in subdivision (c)(2) grants the
  agent or attorney-in-fact authority that is as broad or comprehensive as that which
  the principal could exercise for himself or herself. (Added 2017, No. 195 (Adj. Sess.), § 3.)