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Generally, in most common law jurisdictions, a will is void if it was made prior to a marriage, unless it appears from the will that it was made in contemplation of the marriage. A new will must be executed after a marriage takes place. It is impoirtant that you check your state laws.

For example see the following section from Massachusetts Statutes:

  • The marriage of a person shall act as a revocation of a will made by him previous to such marriage, unless it appears from the will that it was made in contemplation thereof . . . .
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13y ago
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14y ago

It may be if you do not change it. If you want to insure that your new spouse gets what you feel he or she is entitled to, change your will or create a new one that voids your previous will and redistributes according to you new directives.

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14y ago

unfortunatly yes it is if it is a binding legal will with the witness and a notery on it the will stands as is now for example: if a person dies and did not change there will and the faimly pattetions it the stuff will go to who the courts desire and the down fall is the courts can only do this for emedit family and the best way to have this done is to go change your will

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18y ago

In most cases yes, unless the people involved allow the children to remain in the Will. If the divorce is amicable by both parties then the wife or husband may even stay in the will. The norm is, that when people file for divorce they divide property/monies and settle on child custody. The existing Wills should be redone by a lawyer (or the person themselves) taking out their ex. Then it's up to each of them to decide if the children remain in each separate Will. Marcy

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12y ago

Generally yes, but you should check the laws in your jurisdiction since they vary from place to place.

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13y ago

Currently most US States void the will upon divorce to prevent an ex-spouse from inadvertantly inheriting from the estate.

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Q: Is a will still valid after a new marriage?
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