Will my New Wife Affect my Old Will?

By John Cockburn, Partner

 Question:        Is it possible to make a new Will, prior to my getting married, that would survive my new marriage?

 Answer:          A Will is automatically revoked by marriage, except if, in that Will, you specifically declared that it is made in *contemplation* of the marriage, (i.e., names your bride to be), or if your new spouse elects to take under the Will, by documents signed and filed within one year of your death at the Office of the Registrar, the Will will survive to that extent.

Of course the odds are that if you made the Will long before your marriage, you may not have named your current spouse as the beneficiary of the major portion of your Estate and therefore, would probably have an intestate situation.