Knowledge Center

Marriage and Wills

Certain events automatically change your current last will. These events include:

  • getting married
  • getting divorced
  • having or adopting children.

If you get married after making a last will and do not rewrite it, your new spouse automatically gets a share of your estate. The share is the same as if you had never written a last will. If you have a prenuptial agreement, made a provision in your last will for your spouse, or wrote in your last will that you intended not to mention your prospective spouse, this rule does not apply. None of these provisions are considered in the LegalZoom Last Will and Testament. As a result, you should create a new last will using LegalZoom or seek the advice of an attorney if any of these events occur in your life.

Divorce and Wills

If you get divorced after you write your last will, your ex-spouse is automatically removed from your last will. However, you should probably not rely on this and should rewrite your last will to reflect your changed family and any new arrangements you want to put into effect. If you don't do this, your ex-spouse may contest the last will and your estate will bear the cost of defending against this challenge.

Children and Wills

Generally, if you have a child after making your last will and you do not rewrite that last will, the child will nonetheless receive a share of your estate: it will be as if the last will had never been written.

 

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