The effect of marriage on a Will
In Indian succession laws, marriage is significant while making a Will valid. A pre-marriage Would your will become null and void when the individual gets married unless it is specifically stated that the Will was prepared with anticipation of the marriage. This assumption forms the basis of this provision, that marriage alters an individual's dependents and obligations, and this ought to be revealed in their estate planning. If one of the spouses passes away leaving behind a Will prepared prior to marriage, there is a high likelihood the document would no longer be considered legally binding.
How succession laws operate in such a situation
In case this pre-marriage Will becomes void, the deceased's property would devolve by way of intestate succession. In the case of Hindus, Muslims, Christians, and Parsis, the provisions are different, but wherever the rule is, the general principle is that the surviving spouse, children, and in some cases, the parents are legal heirs. What this effectively means is that even if the deceased's pre-marriage Will left out the spouse or divided the property otherwise, the law could nullify it and apply statutory rules of succession.
Why updating your Will after marriage is essential
The most frequent mistake individuals make is the thought that their pre-marriage Will automatically names their spouse and unborn child. But as marriage alters economic and legal obligations, one must update or develop a new Will after marriage. This will help your children and spouse get properly taken care of and there would be no confusion in property distribution. A revised Will also reduces the possibility of disputes among family members and provides legal precision.
Role of courts in contested Wills
When a pre-nuptial Will is challenged on death, the court examines it most strictly. If the Will lacks a provision indicating that the Will was made in contemplation of marriage, then there are chances that the Will will be held invalid. But if it is established that the deceased intended the Will to remain valid after marriage, then the court will insist on it. Each case is handled on its own merits, but the general rule is that marriage cancels a previous Will unless there are exceptions.
Estate planning protection for couples
In order to avoid issues, couples may choose to revise their estate plan after major life milestones such as marriage, birth, or acquisition of large assets. Having a joint Will, joint Wills, or preparing individual revised Wills makes it easier to have it adopted. Being professionally advised and enrolling the Will provides the added assurance of having it less likely to be challenged in court.
FAQs
1. Is a pre-marriage Will necessarily invalid in India?
Yes, unless it contains an express statement that it was made in contemplation of marriage.
2. Who will take the property if the marriage makes the Will null and void?
The property would pass according to intestate succession laws, whereby the spouse, children, and in some cases parents are legal heirs.
3. Are both partners required to make a fresh Will after marriage?
Yes, it is recommended that both of them prepare or change their Wills after marriage so that they share their properties as per their wish.
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