Legal Definitions - postnuptial will

A postnuptial will is a legal document that outlines how a person's assets and property should be distributed after their death, and it is created or updated after they have entered into a marriage or civil partnership. It serves the same fundamental purpose as any other will but is specifically drafted or revised during the course of a marriage, reflecting the individual's wishes and circumstances as a married person.

Here are a few examples to illustrate the concept:

• Example 1: Updating an Existing Will After Marriage
  Sarah and David married five years ago. Before their marriage, Sarah had a will that left all her assets to her sister. After getting married and purchasing a home together, Sarah decides to create a new will that designates David as her primary beneficiary, ensures he can remain in their shared home, and also leaves a portion of her estate to a charity they both support. This new will, created during her marriage to David, is a postnuptial will.

  Explanation: Sarah's original will was made before marriage. By creating a completely new will or significantly revising her existing one *after* marrying David, she is executing a postnuptial will that reflects her marital status and new family circumstances.

• Example 2: A Will for a Blended Family
  Mark, a widower with two adult children, marries Lisa, who also has one adult child from a previous relationship. After their marriage, Mark and Lisa decide to each draft new wills. Mark's postnuptial will specifies that his personal assets should be divided between his two biological children, while also ensuring Lisa has the right to live in their shared marital home for the rest of her life. Lisa's postnuptial will makes similar provisions for her child and for Mark. Both wills are drafted to address the complexities of their blended family and their new marital relationship.

  Explanation: Mark and Lisa are creating wills *after* their marriage to manage their estates in the context of their new spouse and children from previous relationships. These documents are specifically tailored to their post-marital situation.

• Example 3: Creating a Will After a Significant Life Event During Marriage
  Maria and Carlos have been married for fifteen years. They never created formal wills, assuming their assets would automatically pass to each other. However, after Maria receives a substantial inheritance from a distant relative, she decides it's time to formalize her wishes. She drafts a will specifying how her inherited funds, along with her other assets, should be distributed upon her death, including provisions for Carlos and their shared grandchildren. This will is created while she is married to Carlos.

  Explanation: Even though Maria and Carlos have been married for a long time, the will Maria drafts *during* their marriage to address her estate planning needs, particularly after a new acquisition of wealth, is considered a postnuptial will.