It is critical to comprehend how marriage affects a will’s validity in order to avoid disputes and ensure that assets are distributed according to the terms of the will.
The majority of individuals draft a will before getting married in order to specify how they want their riches to be distributed. However, following marriage, the original will’s legal status completely changes. By being aware of the rules, surviving spouses and family members may avoid needless legal disputes.
Marriage’s impact on a will
According to Indian succession rules, unless a will was drafted specifically with the marriage in mind, it is often canceled upon the occurrence of a lawful marriage. Consequently, the previous will tends to be void and the property is divided in accordance with intestate succession rules if one of the spouses passes away after marriage without changing the will.
Following marriage, intestate succession
The dead spouse’s property is subject to succession laws in the event that the will is canceled and no new will is created. According to the Hindu Succession Act of 1956, the surviving spouse, children, and in certain situations, parents, are the legal heirs for Hindus, Buddhists, Jains, and Sikhs. Personal rules govern distribution for Christians, Muslims, and Parsis. Regardless of whether the earlier will had additional provisions, this usually means that the surviving spouse will automatically get a portion.
Why updating a will is extremely crucial
Neglecting to amend a will after marriage might result in serious disputes amongst heirs. For example, the dead may get something they did not want if the old will protected parents or siblings but the husband and children are legally heirs under the current legislation. It is important to update a will after marriage to protect the rights of the spouse and to preserve the testator’s wishes for other dependents.
The bottom line
With the exception of specific prenuptial agreements prepared in advance of marriage, prenuptial agreements typically expire after marriage. The property passes according to intestate succession rules, which automatically include the spouse, in the event of a partner’s death without voiding or changing the will. After marriage, one must review and modify estate planning documents to avoid disputes and to provide clarity.
FAQs
1. Is a prenuptial agreement lawful?
Generally speaking, no, unless specifically constructed with marriage in mind. In other words, the marriage revokes the will. No, otherwise.
Q2. What happens if a new will is not performed upon marriage?
According to the applicable succession laws, the husband and children will often have priority when it comes to inheriting the inheritance.
Q3. Is a premarital will subject to dispute by a spouse?
Indeed. A surviving spouse may assert rights under succession law because marriage nullifies the previous will, rendering it unexecutable.