Colin Wong
Getting married changes how your will works. What changes depends on where you live.
In most states, marrying does not cancel a will you already had. A small number of states still treat marriage as revoking an earlier will, and in those states a will that says it was made in contemplation of the marriage can survive. Check what your state does.
Even where the old will stands, it may not work the way you expect. Most states give a spouse who married you after the will was signed a right to a share of your estate, whether the will mentions them or not. Lawyers call this an omitted spouse rule. Most states also let a surviving spouse claim a set minimum share, called an elective share, even where a will leaves them out on purpose.
Community property states work differently again. There, most of what a couple builds up during the marriage is already owned half each, so your will only covers your half.
Why people write a new will after getting married
Where there is no valid will at all, your state’s intestacy rules decide who gets what. Intestacy is the default set of rules that applies when someone dies without a will. In many states a spouse inherits most or all of the estate. The split changes if you have children, and it changes again where those children are from an earlier relationship.
That may not be what you had in mind, especially if you have children from a previous relationship you would like to provide for, or particular things you want to go to other people.
A new will made after the wedding is the clearest way to set out what you want. Where there are wishes from an earlier will you still want kept, write them into the new one so there is no doubt.
For a blended family, or where there is a prenuptial agreement in the picture, an attorney licensed in your state is the place to go.
Taking the next step
You can write or update your will online with EveryWill, and it costs you nothing. Charities cover the cost, and you can choose to leave a gift to one if it feels right.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Laws vary by state. For advice specific to your situation, please consult a licensed attorney in your state.