What Happens to Your Will When You Get Married?

Marriage is a life-changing event that necessitates certain changes, among them, the need to create a new will. Failure to revise your will after marriage results in certain situations, which may cause total or partial will revocation. The marriage may also not affect the will in some states. Depending on the probate law of a state, the effects of marriage on a will may include:

Revocation

The probate low has undergone evolution since its inception. For instance, during the 19th century, any woman’s will that existed before marriage faced automatic revocation following marriage. On the other hand, a man’s will prior to marriage stayed valid after marriage as long as his wife did not bear a child.

Today, the revocation of a will after marriage varies by state despite the existence of gender-neutral state laws. For instance, in Kansas, a will made before marriage are automatically revoked after marriage. If you live in Oregon state, marriage revokes a will. However, if the maker of the will indicated that the will should hold after marriage, such a will is never revoked.

Uniform Probate Code

Although the probate law does not revoke wills created before marriage in many states, marriage has significant effects on the will, in terms of the beneficiaries. Most states apply the Uniform Probate Code, or UPC, which entitles spouses to a share of the marital estate where the will made before marriage fails to include them as beneficiaries. Generally, the share ranges from 1/3 to 1/2 of the total estate.

Lack of Impact

In a few states, a will remains intact even after marriage. In Texas, for instance, the Uniform Probate Code does not apply; hence, marriage has no any impact on a prior will. The state respects any will made before marriage even if the spouse is not named among the beneficiaries.

What To Do After Marriage

Seeking to know what your state laws say about wills made prior to marriage is very important. This knowledge helps you to know if your will is still valid or not. You need to update and revise your will accordingly in case it still holds to avoid losing assets. For instance, in Texas, failure to revise your will may leave you without any assets in case of your spouse’s death. In the states where marriage revokes wills in totality, it is advisable to make another will after marriage. You can make a joint will as a couple of separate wills.