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How Does a Prenuptial Agreement Affect a Will?

When it comes to estate planning, considering the impact of a prenuptial agreement on a will is crucial. A prenuptial agreement is a legal contract signed by couples before marriage that determines how their assets will be divided in the event of divorce or death.

But how does a prenuptial agreement affect a will? Well, the main purpose of a prenuptial agreement is to outline the distribution of assets and property in case of divorce. However, it can also have an impact on the distribution of assets after death. In many cases, a prenuptial agreement can override the terms of a will, meaning that the provisions outlined in the agreement will take precedence over what is stated in the will.

For example, let’s say a couple has a prenuptial agreement that states all assets acquired during the marriage will be divided equally. However, in the husband’s will, he leaves the majority of his assets to his children from a previous marriage. In this scenario, the prenuptial agreement would supersede the will, and the wife would be entitled to an equal share of the assets.

It’s important to note that the specific laws regarding the interaction between prenuptial agreements and wills can vary from state to state. Some states have laws that automatically invalidate certain provisions of a will if they conflict with a prenuptial agreement. It’s crucial to consult with an attorney who specializes in estate planning to ensure that your prenuptial agreement and will work together harmoniously.

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