If a man who is divorced and has a will gets married, is his existing will still valid ?

Asked 6 months ago - Goodridge, MN

he has a will & she won't sign a pre nup. He has 4 adult children, is his will still valid?

Attorney answers (2)

  1. Alan Baker

    Contributor Level 14


    Lawyers agree

    Answered . Yes, the will is valid. However in most cases a the old will can be revoked and a new will can be made at anytime. Also, a spouse may have certain rights of election that may trump the terms of a will that does not provide for the spouse. best to discuss the particulars of the situation with an attorney that specializes in estate planning.

    The information that I am providing is general information based on my understanding of your question. You cannot... more
  2. Matthew Thomas Majeski


    Contributor Level 19

    Answered . To be safe, I would suggest that he have an attorney re-draft a will adjusting for the fact that he is now divorced. Signing an antenuptial agreement is another issue he should be concerned with as well.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more

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