Now that you have said “I do,” what changes should you consider when reviewing your last will and testament?
With all of the exciting changes that come with married life, it is easy to forget that marriage can have an impact on your pre-marriage will. In either case, it is important to discuss these issues with a Marshfield estate planning attorneys to understand the issues and act accordingly.
Navigating the complexities of marriage, divorce, and annulment is crucial when it comes to estate planning. The Massachusetts Uniform Probate Code (MUPC) outlines specific provisions regarding how these life events impact a will. Understanding these rules can help ensure that your estate is handled according to your wishes.
Marriage and Wills
Under the MUPC, marriage does not automatically revoke an existing will. If a person marries after executing a will, their new spouse is entitled to a modified intestate share of the testator’s estate, as detailed in M.G.L. 190B, § 2-301. This share is modified to reflect the new marital relationship, but it does not automatically override the terms of the will. However, there are exceptions to this general rule:
- Contemplation of Marriage: If the will explicitly indicates that it was made in contemplation of marriage to the new spouse, the terms of the will remain effective.]]
- Express Intent: If the will contains a clear statement that it should remain valid despite subsequent marriage, the new spouse’s entitlement is limited by the will’s terms.
- Provision Outside the Will: If there is other evidence that the spouse was adequately provided for through transfers or arrangements outside the will, the provisions for the new spouse might be affected.
Divorce and Annulment
In the event of a divorce, key terms of your will may change. Even if you are contemplating divorce, it’s important to note that gifts to your ex-spouse are revoked whether that is your intent or not.
In the event of a divorce or annulment, the MUPC has specific provisions for how these events impact a will:
- Revocation of Dispositions: Divorce or annulment will revoke any dispositions made to a former spouse in a will. This is specified under M.G.L. 190B, § 2-804.
- Impact on Revocable Dispositions: Beyond just wills, a divorce or annulment will also affect revocable trusts and beneficiary designations in life insurance policies and retirement accounts. However, any such revocations are subject to the express terms of the governing documents, court orders, or contracts related to the division of marital property.
Practical Considerations
These rules emphasize the importance of regularly reviewing and updating your estate planning documents to reflect significant life changes such as marriage or divorce. Failure to do so can result in unintended distributions of your estate or complications in the administration of your affairs.
By staying informed about these provisions, you can better ensure that your estate plan aligns with your current circumstances and intentions, helping to avoid potential conflicts or misunderstandings among heirs and beneficiaries. If you have questions about your will, marriage, divorce, or anything else, call our office at +1 (781) 882-8001 to schedule a free consultation today.