In Pennsylvania, people should be aware of the importance of proper estate planning. For many, that is limited to a simple will so they can detail how they want their property distributed after they are gone. However, even the most basic will requires vigilance and a grasp of the law.
Failing to update a will after a significant life change can cause problems for heirs, lead to legal disputes, and spark costly and time-consuming disagreements. Examples are when a person gets married or divorced. Knowing how to address the document after the marriage or divorce is essential to ensuring it is valid, and the testator’s objectives are met.
A will can be modified by circumstances
According to state law, a person does not have to intentionally change their will when they get married or divorced for it to be modified. It is referred to as a modification by circumstances when the person has this type of situational change in their life.
A divorce or a pending divorce automatically modifies the will. If, for example, a marital home was left to the spouse in the document, that will no longer be the case when the parties are getting divorced.
This is the law if the testator dies after having created the will or dies while they are living in Pennsylvania and the divorce is underway but has not yet been completed. A notable exception is if it is clear in the will that the former spouse should still receive the testator’s property as laid out in the document.
If the testator gets married after creating the will and the spouse is not named, then that spouse will receive a share of the estate as if they were married and there was no will. For a person who dies intestate, there are rules in place as to how their property is doled out to relatives. The spouse receives a certain share based on that.
However, if the will is clear that it was written in advance of the marriage, then the spouse could receive more than they would have gotten in an intestate case. If the testator has clear desires with how to provide items from their estate to a person they intend to marry, they should spell it out in the will.
Be fully aware of estate planning laws when getting married or divorced
Often, people are unaware of these somewhat understated and potentially confusing areas of the law. Since marriage and divorce can stoke such dramatic changes, it is essential to be cognizant of how an estate plan is impacted by it. Being prepared for every eventuality is crucial to wills and estate planning. Having experienced, professional help is key.
