If someone makes a last will and testament and then remarries, is it still valid?
Is it still valid if someone makes a last will and testament and then remarries?
Yes, it's still valid if someone makes a last will and testament and then remarries. When it comes to the validity of a will, it's not the number of times you get married that matters but the number of marriages. If someone gets married again after they've made a will, their new marriage doesn't invalidate their previous one. So as long as they haven't gotten divorced or gotten annulled, they're still considered legally married to their previous spouse.
In the eyes of the law
This also means that when someone dies, their last will and testament made while they were still married to their previous spouse is still valid in the eyes of the law. Assuming that it was otherwise in order when they made their will, everything left to them goes to their current spouse, and everything left to the previous spouse goes to that person's estate. This is true whether or not the former spouse is living at the time of death or has even been mentioned in the will.
Legal Issues
It can be difficult for people who are already dealing with grief over losing a loved one to have to deal with additional stress from legal issues like this one, but it helps if you realize that this issue doesn't change anything about the person's wishes for how things should be distributed among their heirs.
Financial aspect
It may seem odd to consider the fact that a will is something created after marriage, but both people benefit from clarity when it comes to the financial aspect of their new relationship. Also, a will needn't be a terrible task and can be less onerous than it sounds--it's not an obstacle standing in the way of your enjoyment of marrying the person you love; it's a tool to help ensure that you and your family are taken care of, should something happen to you. That said, there are some issues to consider when it comes to making a last will and testament and then remarrying.
If you have questions, you can get a free consultation with the Best Estate Lawyers.
Parklin Law - Estate Planning Lawyer
5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699
