Does a will made before marriage remain valid after a spouse dies?

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Most people make a will at a young age, before they get married, to indicate the manner in which they would like their wealth to be shared. But after marriage, the legal state of the initial will is totally altered. Having knowledge about the regulations prevents surviving spouses and relatives from getting into unnecessary legal battles.

Effect of marriage on a will

As per Indian succession laws, a will made before marriage is usually revoked upon the happening of a valid marriage, unless made in express contemplation of the marriage. Therefore, if one of the spouses dies after marriage without amending the will, the earlier one tends to become invalidated, and the property is distributed as per intestate succession laws.

Intestate succession after marriage

When the will is revoked and no new will exists, the property of the deceased spouse falls into the succession laws. For Hindus, Buddhists, Jains, and Sikhs, the Hindu Succession Act, 1956 rules the distribution, and the surviving spouse, children, and in certain cases, parents are the legal heirs. In the case of Christians, Muslims, and Parsis, personal laws of the individual regulate the distribution. This will typically mean that the surviving spouse will automatically receive a share, whether the prior will had other provisions.

Why it is so important to update a will

Failure to update a will upon marriage may lead to grave conflicts among heirs. For instance, if the former will safeguarded parents or siblings but according to the existing law, the spouse and children are legal heirs, the deceased may end up with what they did not desire. Updating a will upon marriage ensures the preservation of the rights of the spouse as well as upholding the testator's will for other dependents.

The bottom line

A prenuptial will usually ceases to be effective after marriage unless it is specially drawn in anticipation of the marriage. Without cancelling or amending the will, if a partner dies, the property goes by intestate succession principles, which automatically include the spouse. To prevent fights and to clarify, one has to revisit and amend estate planning instruments after marriage.

FAQs

Q1. Is a prenuptial will legal?

Generally, no, unless expressly made in contemplation of marriage. That is, the marriage serves to revoke the will. Otherwise, no.

Q2. If no new will is executed upon marriage, what happens?

The estate will pass under the relevant succession statutes, the spouse and children taking in preference generally.

Q3. Can a spouse challenge a prior will executed before marriage?

Yes. Since marriage revokes the prior will, a surviving spouse may claim rights under succession law, which makes the old will inexecutable.