I made a Will and subsequently got married… do I have to re-date/redo my will?

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I made a Will and subsequently got married… do I have to re-date/redo my will?

I don’t want to change any of the contents of the original will.

Asked on October 22, 2016 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you are not required to redo your will (just as you're not required to have a will in the first place). Your will does not need to reference your spouse, etc. However, bear in mind that your state has certain provisions (the spouse's "elective share"; the homestead rules) that mean that your spouse will almost certainly get something even if left out of the will. Your state's provisions about spousal inheritance are somewhat complex: to really understand them and their interplay with your will, you are advised to consult with a trusts and estates or probate attorney.


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