Bourne, Jenkins & Mulligan

January 14, 2004
How do marriage and divorce affect my will?

by Amy MacMillan

In general, a will made prior to marriage becomes void on the date of marriage, and you become “intestate” (you do not have a valid will). If you make a will just prior to marriage, it is possible to avoid invalidating it by specifically stating in the will that it was made “in contemplation of marriage.”

It is important to remember that separation does not end a marriage. If you die with a will that leaves your estate to your spouse, or if you die without a valid will, your separated spouse could become your sole beneficiary. When separating, each spouse should release his or her claim to the other spouse’s estate through a court order or separation agreement. It is also advisable to make a new will in such circumstances.

Divorce generally voids all gifts and trustee (executor) appointments intended for a divorced spouse under a will made prior to the divorce, but the will itself still remains valid for all other purposes.

If you are marrying, remarrying, separating, divorcing, or are widowed, you should seek legal counsel and make a new will.

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