WILL IN CONTEMPLATION OF MARRIAGE
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WILL IN CONTEMPLATION OF MARRIAGE
Marriage can have the effect of revoking a will. This will contains special wording that will prevent a will being revoked by marriage. Useful if a couple are engaged, or just living together.
WILL IN CONTEMPLATION OF MARRIAGE
A will in contemplation of marriage is a legal document that is created with the specific intention of remaining valid after the testator (the person making the will) gets married. Generally, in many jurisdictions, a will is automatically revoked if the testator gets married after the will is made, unless the will specifically states that it was made in contemplation of that marriage.
- Intention to Marry:
- The will must explicitly state that it is being made in contemplation of the testator’s upcoming marriage to a specific person. This clause prevents the will from being automatically revoked when the marriage takes place.
- Identification of the Spouse:
- The will should clearly identify the person the testator intends to marry. This ensures that the will remains valid and applicable after the marriage occurs.
- Protection Against Automatic Revocation:
- In many legal systems, marriage automatically revokes any existing will unless the will is made in contemplation of that marriage. Including a contemplation of marriage clause prevents this automatic revocation.
- Provision for the Future Spouse:
- The will may include provisions specifically for the future spouse, such as leaving them certain assets or outlining their rights to the estate. This can help ensure that the spouse is provided for according to the testator’s wishes.
- Effectiveness After Marriage:
- Once the marriage has taken place, the will remains in effect, as it was made with the understanding that the marriage would occur. This is crucial for ensuring that the testator’s wishes are honored without the need to create a new will after the marriage.
Why Make a Will in Contemplation of Marriage?
- Planning Ahead: It allows the testator to plan their estate in advance of marriage, ensuring that their future spouse and other beneficiaries are taken care of according to their wishes.
- Avoiding Legal Issues: Without a will in contemplation of marriage, the automatic revocation of a will upon marriage could lead to unintended consequences, such as the estate being distributed according to intestacy laws rather than the testator’s wishes.
- Certainty and Clarity: This type of will provides clarity and legal certainty for both the testator and the future spouse, reducing the risk of disputes or confusion after the testator’s death.
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