Legal Definitions - antenuptial will

An antenuptial will is a type of last will and testament that an individual creates and executes before they enter into marriage. This document is often drafted specifically in contemplation of an upcoming marriage, and its terms may address how the individual's assets should be distributed, taking into account their future spouse and the new marital relationship.

The creation of an antenuptial will is particularly significant because, in many legal jurisdictions, a will made before marriage can be automatically revoked or substantially altered by the act of marriage itself. An antenuptial will is designed to either prevent such automatic revocation, by explicitly stating it is made in contemplation of the specific marriage, or to make specific provisions for the future spouse and other beneficiaries that are intended to remain valid after the marriage.

• Example 1: Protecting existing beneficiaries

  Sarah, a widow with two adult children, is planning to remarry. She wants to ensure that the bulk of her estate, including her family home, passes directly to her children, but she also wants to leave a specific financial gift to her new husband. Before her wedding, Sarah drafts an antenuptial will that clearly outlines these wishes, explicitly stating that the will is made in anticipation of her marriage to John and that the marriage should not revoke its terms regarding her children's inheritance. This ensures her children's inheritance is protected while also providing for John.

• Example 2: Managing complex assets before a second marriage

  David, a successful business owner, is preparing for his second marriage. He has a complex portfolio of investments and a controlling interest in his company, which he intends for his eldest son to inherit. To avoid any ambiguity or potential legal challenges after his marriage to Lisa, David executes an antenuptial will. This will specifically details the succession plan for his business and the distribution of his other assets, making clear provisions for Lisa while reaffirming his son's future role in the company. He includes a clause stating the will is made in contemplation of his marriage to Lisa, ensuring its validity post-nuptials.

• Example 3: Providing for a future spouse with specific conditions

  Maria, who inherited a significant art collection from her family, is engaged to be married. She wants to provide for her future husband, Carlos, in her will, but also wishes to ensure that her unique art collection eventually goes to a specific museum or a younger family member. Before her wedding, Maria creates an antenuptial will. In it, she grants Carlos a life interest in a portion of her estate and a specific cash bequest, but she explicitly directs the art collection to the museum upon her death, regardless of her marital status. The will states it is made in contemplation of her marriage to Carlos, thereby preventing the marriage from inadvertently revoking these specific instructions.