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Writer's picturePete Batchelor

What Are The Effects Of Marriage Or Divorce On A Will?

Marriage and divorce can have significant effects on a person's Will and estate planning.

A family wedding where the marriage affects the couple's Wills

Marriage and divorce can have significant effects on a person's Will and estate planning. It is important to understand how these life events can impact your Will and to make necessary updates to ensure that your assets are distributed according to your wishes.


What happens to my Will when I get married?

When a person gets married, their Will is typically revoked. This means that any previously written Will is no longer valid, and the person will need to create a new Will to ensure that their assets are distributed according to their wishes. It is also important to consider creating a Will at the same time as your spouse to ensure that your assets are distributed in a way that works for both of you and your respective families.


Can Prenuptial Agreements work with my Will?

A prenuptial agreement can be a useful tool for protecting your assets in the event of a marriage or divorce. This type of agreement sets out the terms of asset distribution in the event of a separation or divorce. Prenuptial agreements are particularly useful for individuals who have significant assets or who want to protect their assets for their children from a previous marriage.


Do we need to review our Wills and Estate Planning during marriage?

During a marriage, it is important to regularly review and update your Will and other estate planning documents. This is especially important if there have been any significant changes in your life, such as the birth of a child, the purchase of a new property, or a change in your financial situation. By regularly reviewing and updating your estate planning documents, you can ensure that your assets are distributed according to your wishes in the event of your death.


How does divorce affect my Will?

Divorce can also have a significant impact on a person's Will and estate planning. If a person's Will was created while they were married and subsequently divorces the Will itself is not revoked. Instead, the Will is interpreted as if the former spouse had passed away before the testator. This might mean that the distribution is not what you expect it to be so it is important to update your Will if you go through a divorce.


What should I do about my Will and Estate Planning after divorce?

After a divorce, it is important to review and update your Will and other estate planning documents as soon as possible. This is to ensure that your assets are distributed according to your wishes and to prevent any disputes between your ex-spouse and your beneficiaries. It is also important to consider updating any power of attorney or other estate planning documents to ensure that they reflect your current wishes.


What are the effects of marriage or divorce on a Will?

Marriage and divorce can have significant effects on a person's Will and estate planning. It is important to understand how these life events can impact your Will and to make necessary updates to ensure that your assets are distributed according to your wishes. This includes creating a new Will after marriage or divorce, updating your estate planning documents regularly, and considering a prenuptial agreement if necessary. By taking these steps, you can ensure that your assets are distributed according to your wishes and that your beneficiaries are protected in the event of your death.

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