Legal Definitions - prenuptial will

The term "prenuptial will" is not an acronym.

A prenuptial will refers to a last will and testament executed by an individual before they enter into a marriage. This type of will is specifically drafted with the impending marriage in mind, often to clarify how the individual's assets should be distributed, especially considering the legal rights and claims a future spouse might have. It ensures that the testator's (the person making the will) wishes regarding their property are clearly established before the marriage takes place, potentially overriding default legal provisions that might otherwise apply to a spouse.

• Example 1: Protecting existing family assets

  Sarah, a successful entrepreneur, is engaged to Mark. Sarah has two children from a previous marriage and a substantial estate, including a family business she built. She wants to ensure that the majority of her assets, particularly her shares in the business, are passed down to her children, regardless of her upcoming marriage to Mark. Before her wedding, Sarah executes a prenuptial will explicitly stating that her business shares and a significant portion of her personal wealth are to be held in trust for her children, with specific provisions for Mark if he survives her. This prenuptial will clarifies her intentions regarding her pre-marital assets, preventing potential disputes or automatic spousal claims that might arise after marriage.

• Example 2: Specific bequests to non-spouses

  David is about to marry Emily. He owns a valuable collection of antique watches that he inherited from his grandfather and wishes to leave to his younger brother, Michael. David is aware that after marriage, Emily might have a legal claim to a portion of his estate, potentially including these watches. To ensure his brother receives the collection as intended, David drafts and executes a prenuptial will that specifically bequeaths the antique watch collection to Michael. This action ensures his specific wishes are legally documented before his marital status changes, safeguarding the inheritance for his brother.

• Example 3: Aligning with a prenuptial agreement

  Maria and Carlos are engaged and have signed a comprehensive prenuptial agreement outlining how their separate and marital property will be handled in the event of divorce or death. To complement this agreement and ensure her estate plan aligns with its terms, Maria drafts a prenuptial will before their wedding. Her will specifically references the prenuptial agreement and details how her separate assets, as defined in the agreement, should be distributed to her chosen beneficiaries (e.g., a specific charity and her nieces), acknowledging the provisions made for Carlos in the prenuptial agreement itself. This demonstrates how a prenuptial will can work in conjunction with other legal documents to create a cohesive estate plan before marriage.