Does a Prenuptial Agreement have precedence over a will?

To learn whether or not a prenuptial agreement has precedence over a last will and testament, it is important to understand what both of these documents imply. A prenuptial is a legal agreement or contract that two people sign before they enter into matrimony. This agreement has clauses and conditions based on any property issues to be handled. It is of great importance, as it dictates the division of properties or any other wealth in case of divorce. A prenup may or may not have precedence over the will, depending on specific statements that are written in the agreement.

A prenuptial agreement specifies the details of property division in case the marriage ends in a divorce. For example, the agreement might name the properties that each spouse may be entitled to in case they separate. There might also be clauses in the prenup which state the way in which the estate needs to be handled in case both die while still being married. In such cases, the prenuptial may take precedence over the last will and testament.

If there is a conflict between the terms in the prenuptial agreement and the last will and testament a probate court has to decide how to settle matters. More often than not, it is the prenup that holds precedence over the will unless it is possible to prove that the prenup was created under duress, or if foul play can be proven. If the prenuptial has been done correctly and without pressure, then it is given priority. There are over-the-counter legal packs available that are designed to facilitate the preparation of this documentation. They are presented with a step by step guide and enable you to take care of the legalities with little stress and expense and ensure that all of your wishes are legally locked in a binding contract.

In case of intestate, that is if the spouse dies without making an estate plan or if the will is found to be invalid in any manner, then the property distribution would be done according to the prenuptial agreement. Usually, the probate court through the application of the state law is supposed to decide who the property goes to. However, if there is a prenup in the picture, it will be instrumental in helping the court come up with a verdict. This again proves how the last will and testament is inferior to prenup. Hence, it is important to create a prenup before you enter a marriage. Also, it is important to make sure that there are no conflicting terms between a prenup and the will.

Final word of advice, if you wish to avoid any conflicts, make sure you keep checking the validity of the prenuptial agreement as well as the last will and testament whenever a significant change takes place. Any changes that occur in the family situation might affect the validity of these legal documents and hence it is important that you make sure they are altered and updated from time to time accordingly.