Does Marriage Override A Will?

Introduction

Marriage is a significant milestone in one’s life. It is a legal union between two people that comes with various legal implications. One of the most important legal documents that individuals create during their lifetime is a will. A will outlines how an individual’s assets will be distributed after their death. However, many people wonder whether marriage overrides a will. In this article, we will discuss whether marriage overrides a will and what happens to a will after marriage.

What is a Will?

A will is a legal document that outlines an individual’s wishes for the distribution of their assets after their death. It is a crucial document that ensures that an individual’s assets are distributed as per their wishes. A will also names an executor who is responsible for carrying out the wishes outlined in the will.

Does Marriage Override a Will?

The short answer is yes, marriage can override a will. When an individual gets married, their will is automatically revoked unless it was created in contemplation of marriage. This means that if an individual created a will before marriage, it will be revoked after marriage unless it explicitly mentions that it was created in contemplation of marriage.

What Happens to a Will After Marriage?

After marriage, the will is automatically revoked unless it was created in contemplation of marriage. This means that the will is no longer valid, and the individual will need to create a new will. If the individual does not create a new will, their assets will be distributed as per the laws of intestacy.

What is Intestacy?

Intestacy refers to the legal process of distributing an individual’s assets when they die without a valid will. If an individual dies without a will, their assets will be distributed as per the laws of intestacy. The laws of intestacy vary depending on the state or country in which the individual resided.

What Happens if an Individual Dies Without a Will?

If an individual dies without a will, their assets will be distributed as per the laws of intestacy. The laws of intestacy vary depending on the state or country in which the individual resided. Generally, the assets will be distributed to the individual’s spouse, children, parents, siblings, or other relatives.

What if the Individual has Children?

If the individual has children, their assets will be distributed to their spouse and children. The exact distribution will depend on the laws of intestacy in the state or country in which the individual resided.

What if the Individual has a Pre-Marital Will?

If the individual has a pre-marital will that was created in contemplation of marriage, the will is not revoked after marriage. The will remains valid, and the individual’s assets will be distributed as per the instructions outlined in the will.

What if the Individual Gets Divorced?

If the individual gets divorced, their will is not automatically revoked. However, any provisions related to the ex-spouse will no longer be valid. The individual will need to create a new will or update their existing will to reflect their new circumstances.

Conclusion

Marriage can override a will, and it is essential to understand the legal implications of marriage on a will. After marriage, the will is automatically revoked unless it was created in contemplation of marriage. It is crucial to create a new will after marriage to ensure that an individual’s assets are distributed as per their wishes. In the absence of a valid will, the laws of intestacy will determine how an individual’s assets are distributed. It is always best to consult with an attorney to understand the legal implications of marriage on a will.