Page:United States Statutes at Large Volume 118.djvu/1813

 118 STAT. 1783 PUBLIC LAW 108–374—OCT. 27, 2004 the Secretary until the charges have been resolved in accordance with the provisions of this paragraph. ‘‘(B) DISMISSAL OR WITHDRAWAL.—Upon dismissal or withdrawal of the charge, or upon a verdict of not guilty, such land and personalty shall pass as if no charge had been filed or made. ‘‘(C) CONVICTION.—Upon conviction of such person, and the exhaustion of all appeals, if any, the trust and restricted land and trust personalty in the estate shall pass in accord ance with this subsection. ‘‘(7) BROAD CONSTRUCTION; POLICY OF SUBSECTION.—This subsection shall not be considered penal in nature, but shall be construed broadly in order to effect the policy that no person shall be allowed to profit by his own wrong, wherever com mitted. ‘‘(k) GENERAL RULES GOVERNING PROBATE.— ‘‘(1) SCOPE.—Except as provided under applicable Federal law or a tribal probate code approved under section 206, the provisions of this subsection shall govern the probate of estates containing trust and restricted interests in land or trust person alty. ‘‘(2) PRETERMITTED SPOUSES AND CHILDREN.— ‘‘(A) SPOUSES.— ‘‘(i) IN GENERAL.—Except as provided in clause (ii), if the surviving spouse of a testator married the testator after the testator executed the will of the testator, the surviving spouse shall receive the intes tate share in the decedent’s trust or restricted land and trust personalty that the spouse would have received if the testator had died intestate. ‘‘(ii) EXCEPTION.—Clause (i) shall not apply to a trust or restricted interest land where— ‘‘(I) the will of a testator is executed before the date of enactment of this subparagraph; ‘‘(II)(aa) the spouse of a testator is a non Indian; and ‘‘(bb) the testator devised the interests in trust or restricted land of the testator to 1 or more Indians; ‘‘(III) it appears, based on an examination of the will or other evidence, that the will was made in contemplation of the marriage of the testator to the surviving spouse; ‘‘(IV) the will expresses the intention that the will is to be effective notwithstanding any subse quent marriage; or ‘‘(V)(aa) the testator provided for the spouse by a transfer of funds or property outside the will; and ‘‘(bb) an intent that the transfer be in lieu of a testamentary provision is demonstrated by statements of the testator or through a reasonable inference based on the amount of the transfer or other evidence. ‘‘(iii) SPOUSES MARRIED AT THE TIME OF THE WILL.— Should the surviving spouse of the testator be omitted from the will of the testator, the surviving spouse

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