Is A Will Replaced By A Prenuptial Agreement?
This answer can depend on the specified language in the prenuptial (prenup) agreement as well as the will. Normally, a prenup will predate a will and can establish how your estates and assets should be divided upon your passing.
The best way to make sure that this happens is by specifically referring to your prenup in any successive will and establishing that the prenup will control any interests or assets specifically said in the prenup.
If I Don’t Have A Will, Is A Prenup The Same As A Will?
This is a possibility if you do not leave a will prior to you passing away. If this is the case then a prenup can serve as a will of sorts, however it will not be as helpful in probate proceedings. If there isn’t a will at the time of passing, the deceased’s estate goes through probate and the court will think of the intent of the prenup in the distribution of the estate.
The primary purpose of a will is to facilitate the probate proceedings and specify who a deceased asset is going to be distributed; without this, a deceased person’s estate will be distributed according to the laws of intestacy, which differs depending on the state.
If you do not have a will with the recommended language that a prenup should follow, the prenup will be little to no help in the probate proceedings. If you wish that the breakdown and divisions of the prenup be controlled, then the will should consist of language that dictates that the prenup should control and supersede the breakdown in the will itself.
You can also ensure that the language in the will is identical to the language in the prenup to make sure that the division of assets of the estate in the prenup is followed.
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