If a person transfers property to a spouse outside a will, the intent that the transfers be instead of making any testamentary provisions for the spouse can be shown by the amount of the transfer as well as by other evidence. It is for you to determine whether the amount of property transferred in this case is sufficient to give rise to the inference that [the Testator] intended one or more of the transfers to be instead of making any testamentary provision for the surviving spouse.

The intent that one or more of the transfers be instead of making any testamentary provision for the spouse can be formed by [the Testator] at any time so long as that intent existed at the time of death.

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