Does A Will Supercede A Prenuptial Agreement ?
Sometimes, couples before their marriage sign prenuptial agreements to clarify their expectations and rights for the future. Signing this agreement helps in terminating doubts about how a divorce court might divide property and decide spousal support in case of a divorce. |
A man or woman who wants a future spouse to sign a prenuptial agreement often has something he or she wants to protect like money. This is mostly because one or both partners may want to avoid the risk of a major loss of assets, income, or a family business in the event of a divorce. However, in case a will supersedes a prenuptial agreement, then decision depends on two factors, namely, if the man or woman in the agreement executed a will before marriage, and if the will is still valid.
However, under California probate law, it is different as it is a community property state. In California, a surviving spouse owns half of the community property at the death of the other spouse. In other words, regardless of what one’s spouse has or does not have in his or her will, the other partner will own half of all property acquired during marriage. This and more are also applicable if the surviving spouse is omitted from the will of the deceased.
Prenuptial agreements can alter with material assets which are not community property. If properly written, a prenuptial agreement can bind an individual contractually to include certain provisions in his or her will. It is a breach of contract claim if a party to an enforceable prenuptial agreement violates the agreement by failing to include a required provision in a will.
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