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Wills and Marriage: Do They Become Invalid?

16 Aug 2024·5 min read
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Getting married can change how your will works in Saudi Arabia. When you marry, any will you made before is no longer valid, unless you made it “in contemplation of marriage.” This means if you don’t change your will after marriage, it will follow the law’s rules instead of your wishes. It’s important for newlyweds to check their estate plans and make a new will to make sure things go as they want.

do wills become invalid on marriage

Thinking about how marriage affects your will, not updating your will after marriage, and making a will “in contemplation of marriage” are key for estate planning. Knowing these legal points can help you protect your wishes. It makes sure your loved ones are taken care of if something happens to you.

Impact of Marriage on Existing Wills

In Saudi Arabia, getting married means your old will might not count anymore, unless it was made “in contemplation of marriage.” This rule shows how big a change marriage is in a person’s life. It makes people think their will might need to be updated.

Why Marriage Revokes a Will

Marriage is a big change that can change someone’s mind about who gets what after they’re gone. The law thinks the person’s wishes might have changed. So, making a new will is a good idea to match their new life.

Consequences of Not Updating a Will After Marriage

If you don’t change your will after getting married, things might not go as you wanted. The law will decide who gets what, which might not be what you wanted. This could mean your spouse gets everything or your kids from before might not get anything.

To make sure your will still works after marriage, it’s important to check and change your will. This way, you can make sure your wishes are followed and avoid any problems.

Making a Will in Contemplation of Marriage

In Saudi Arabia, you can take steps to keep your will valid after marriage. By making a will “in contemplation of marriage,” you can add a special clause. This clause makes sure your will stays valid even after you get married.

Avoiding Revocation with a Marriage-Contemplation Clause

To keep your will valid after marriage, include a “marriage-contemplation clause.” This clause must name the person you plan to marry. A will that just hopes for a future marriage won’t stop it from being revoked.

It’s important to draft this clause correctly. It should say the will won’t be changed if you marry the person named in it. This way, your prenuptial agreements and wills stay valid, even after you wills made in contemplation of marriage.

By doing this, you can rest easy knowing your final wishes will be followed. This is true no matter what your marriage status is in Saudi Arabia, including weddings outside of wedlock.

wills in contemplation of marriage

Wills and Foreign Assets

When dealing with wills and estate planning, having assets in foreign countries adds extra challenges. The rules on how marriage affects wills can change from one country to another. It’s key to know these differences.

Getting property or assets from another country can be tricky. State laws on wills and marriage, and inheritance laws for married couples can differ a lot. People with wills for foreign assets should talk to legal experts in those countries. This ensures their estate plans are right and safe. Additionally, it's important to consider how different jurisdictions view weddings outside of wedlock, as this can impact the distribution of assets.

Many countries have their own rules for passing on assets when someone dies. Some places even have special rules for wills that cover foreign property. Not thinking about these can lead to assets being given away in a way the testator didn’t want.

CountryWill Requirements for Foreign AssetsImpact of Marriage on Existing Wills
United KingdomWills must be drafted and executed in accordance with UK laws, even for foreign assets.Marriage typically revokes an existing will, requiring it to be updated.
FranceTestators can choose to have their foreign assets distributed according to the laws of their country of residence or the country where the assets are located.Marriage does not automatically revoke a will, but it may impact the distribution of assets.
Saudi ArabiaSharia law governs the distribution of assets, including foreign assets, for Muslim testators.Marriage does not automatically revoke a will, but it may affect the inheritance of the spouse and other heirs.

Knowing the special legal rules for wills for foreign assets helps make sure estate plans cover everything. It’s important to get advice from lawyers in both the testator’s home country and where the assets are. This helps protect your legacy and makes passing on wealth to your loved ones smoother.

wills for foreign assets

do wills become invalid on marriage

In Saudi Arabia, the link between wills and marriage is complex. Many think a will becomes invalid when you get married. But, there’s a key exception everyone should know.

Marriage’s Automatic Revocation Effect

In Saudi Arabia, a will is automatically canceled when you get married, unless it was made “with marriage in mind.” If someone marries without updating their will, their estate goes to their family by law, not their wishes.

Ensuring Will Validity After Marriage

To keep a will valid after marriage in Saudi Arabia, you have two choices. You can make a new will that includes your spouse, or add a “marriage-contemplation clause” to your current will before marriage. This clause ensures your will stays valid after marriage.

By doing this, people in Saudi Arabia can protect their wishes for their estate. They make sure their will stays valid and can be followed, even after they get married.

Second Marriages and Inheritance Complications

When you remarry after a divorce, your will might automatically change. This could mean your new spouse gets most of your stuff, leaving your kids from before out. It’s important to update your will to make sure your wishes are clear.

Remarriage can make things tricky, especially with blended families. If you don’t have a will, the law decides who gets what. This might not be what you want, leaving your kids from before with less or nothing.

To avoid these problems, update your will often if you’re in a second marriage. This makes sure your wishes are clear and your kids from before are taken care of. Keeping your will up to date helps avoid fights and makes passing on your stuff smoother.

ScenarioPotential OutcomeSolution
Testator remarries after divorce, but does not update their willNew spouse becomes primary beneficiary under intestacy rules, potentially disinheriting children from previous relationshipReview and update will to reflect current circumstances and ensure intended beneficiaries are properly provided for
Testator has children from previous relationship, but new spouse inherits majority of estate under intestacy rulesChildren from previous relationship receive smaller share or are disinheritedReview and update will to ensure fair distribution of assets and provide for all intended beneficiaries

Knowing about the risks of remarriage and updating your will is key. It helps protect your loved ones and makes sure your final wishes are followed.

Conclusion

In Saudi Arabia, marriage can deeply affect someone’s will. If a will wasn’t made “in contemplation of marriage,” it gets revoked when the person gets married. This means the estate goes to the state, not the person’s wishes.

To make sure their wishes are followed, people in Saudi Arabia should check and update their wills before and after marriage. Adding a “marriage-contemplation clause” to their wills is also a good idea.

For those with assets in other countries, getting advice from legal experts in those places is key. Understanding how marriage changes wills and inheritance laws is tricky. But, being proactive can protect one’s final wishes and look after loved ones.

By keeping up with the law and being careful, people in Saudi Arabia can keep their wills valid, even with big life changes like marriage. Knowing how wills and marriage work together is key for good estate planning. It helps in making sure assets go to the right people smoothly, and ensuring a proper ring fit for your estate plan is essential.

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