FAQs About Wills

Does Marriage Revoke a Valid Preexisting Will?

by Rania Combs

Some states have pretermitted spouse statutes. In those states, if a person marries after making a will, and predeceases his spouse, then the surviving spouse will receive a share of the estate equal in value to that which the surviving spouse would have received the testator had died intestate, with a few exceptions.

Texas, however, does not have a pretermitted spouse statute. In Texas, marriage does not revoke a valid preexisting will. That means if you made a will before you were married, and did not name your spouse as a beneficiary, or provide for your spouse in the way you would want to, it will be necessary for you to revoke your old will and make a new one.

Note, however, that spouses in Texas have certain rights. For more information read: Can I Disinherit My Spouse in Texas?

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