What Takes Precedence A Will Or A Prenuptial Agreement

When the parties enter into a marriage agreement and the spouses waive their voting share rights (one of the “other arrangements between the parties” authorized by a matrimonial agreement), the state laws that require participation in elections no longer apply, provided the marriage agreement is valid. In other words, the terms of the marriage contract exceed the general rule of law with respect to the spouse`s estate. A will is a written document of a person indicating how they want their property to be treated after the person`s death. Unlike marital agreements, wills are specifically related to the event of the death of the person who wrote the will. But the will concerns only the person who wrote the will, unless the will is a common will. When a marital agreement and a final will are in conflict, marital agreement is often a priority, but the decision is in the hands of an estate court. A conjugal agreement, commonly known as Prenup, is an agreement reached by two parties prior to their marriage. It usually deals with the distribution of real estate in the event of a divorce. When a party dies without a will or will, a court follows the state`s intestinal laws to determine how the deceased`s property should be distributed. However, if the deceased has entered into a marriage agreement, the estate court may enforce the terms of the marriage agreement.

The courts use Intestacy`s laws to resolve an estate if there is no other agreement. Since the marriage agreement is a contract between the parties, the court could consider the terms of the agreement rather than applying the state`s bowel laws. Percentage of votes. In common law states such as Virginia, there are generally laws that give a surviving spouse the opportunity to obtain a “voting share” in the estate of a deceased spouse, even if there are provisions in his will that make only a very small gift to the spouse. The surviving spouse may choose to take over the statutory share (often one-third or half of the deceased spouse`s estate – the same amount he could have inherited under state law if there had been no will) or to accept the terms of the will. In some states, the surviving spouse is not limited to what he or she would have received if there had been no will and could not be chosen against a particular property or property that is not necessary to undergo the estate process, such as money or property, which is kept in a revocable livelihood. If the surviving spouse takes the vote share, he or she can inherit more than the deceased spouse intended to do – and the other beneficiaries may inherit less. If a spouse dies intestate, i.e. without a proper succession plan, not only will prenup take precedence over the will, but it can also be used to distribute his estate.

This can also happen if an existing will is declared invalid. In most cases, the estate court applies state law to determine who receives the property left by an intested person.

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