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?

About Rania

Rania graduated magna cum laude from South Texas College of Law Houston and is the founder of Rania Combs Law, PLLC. She has been licensed to practice law since 1994 and enjoys helping clients in Texas and North Carolina create estate plans that give them peace of mind.

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