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Is Your Will Still Valid When You Marry? – What To Know

Is Your Will Still Valid When You Marry? – What to Know

After spending some time with your significant other and going through ups and downs, you’re ready to take the next step towards a lifelong commitment through marriage.

At one point or another, it will make a whole lot of sense to tie the knot because you’ve forged a love that you can’t find anywhere else. Once you’ve proposed and put the ring on your beloved’s finger, it will seem like everything is in place for the rest of your life as you move forward with some adjustments. 

Amid all the buzz in the moments leading up to your marriage, the chances are that you’re going to ask yourself one question before walking down the aisle: “Will my will still be valid if I get married?”

Why it matters to worry

If you’ve been planning all your life, then you’ve probably reached that point where you now have a written will stocked somewhere in your safe.

In true prepared fashion, your document may have outlined everything that you wanted to happen to your estate, from the instructions that you want your executor to follow to the arrangements you want for your funeral. Considering that the instructions made in your last will and testament took a few months of deliberation to draft, it’s safe to assume that it’s one of the most crucial documents that you have.

However, with the legal changes that can occur when you get married, it is reasonable to be aware of any changes that may occur because of how a change in civil status can affect your will’s applicability!

Is your will going to be still valid after you get married?

According to Ontario’s existing laws and regulations on the subject matter, being married automatically results in any pre-existing wills becoming revoked.

The main reason marriage results in the immediate revocation of a will are that getting married is a legal process that affects your civil status and your estate. Considering that your spouse is automatically deemed as your dependent by law after marriage, any previous arrangements or requests made will be deemed null and void.

How can you make your will applicable after marriage?

When you get married, Ontarian law automatically applies a rule of law that will alter and take charge in deciding how your assets are divided to accommodate the various changes accompanying your change in status. 

If you’re in a situation where your former will no longer apply based on the statutes of the law, you’ll need to first renew your will. Before all else, reinstating your document’s applicability will affect your new status in the fine print and written content and automatically deem that your entire estate would go to your spouse. However, it is understandable that you may not desire this particular outcome, which means that you’ll need to make some adjustments in your accommodation upon renewal to reflect your desires.

Is it possible to make your pre-marriage will valid even after tying the knot?

Absolutely––based on the current and existing Ontario laws on wills, a soon-to-be-wed individual’s documented last wishes may remain valid after marriage if a will is made before the contemplation of marriage. With a prenuptial agreement, you’ll be able to establish a more prevalent level of control over your estate and ensure that your dependent and loved ones receive your estate as you intended! 

Conclusion

While marriage is definitely an exciting and life-changing event, it’s important to remember that it can ultimately affect the validity of the will that you made before you even met your partner. With the help of the key insights mentioned above, you can take the right steps and make the necessary considerations moving forward so that you can protect your estate and final wishes as best as possible! 

With wedding bells ringing and your final date right around the corner, it’s crucial that you get in touch with a will and estate lawyer in Kanata that can help you make the necessary changes. If you’re looking for the right professional to take care of your current situation, get in touch with us today to learn more about our services!

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