If I had a Will before I got married last year, is it still valid do I need to do another?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I had a Will before I got married last year, is it still valid do I need to do another?

I would like the terms of the Will to stay the same.

Asked on March 23, 2014 under Estate Planning, Georgia

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 7 years ago | Contributor

In Georgia, you should review your will with an attorney after you are divorced, married, or your spouse dies.  If your spouse was not named in the will, you can reference the fact in the new will or codicil that you are now married, but all prior provisions remain the same.  Remember, even with a will, a spouse can elect a year's support that will decrease the amount you transfer to your other beneficiaries.

Marjorie DeCastro-Hirsch / The Law Offices of DeCastro-Hirsch, P.A.

Answered 7 years ago | Contributor

I would recommend you address this with your attorney to avoid issues in the future. You may want to include your wife in the Will to make clear what your wishes are. If you will not be including her in your Will, you may want to modify the Will to clearly state it as well.

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

If you do not want to change the terms of your will, then you do not need to draft a new will simply because you got married.  However, it might be a good idea to make it clear that your intent was to have the terms of the will be the same as they were before the marriage, that your failure to get a new will leaving your things to your now wife was not a mere oversight on your part.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption