Old wills: Are old wills useless after marriage? Find out what the law says..

Marriage is a major turning point in a person's life, but few people know that it impacts not only personal relationships but also legal documents like wills. If someone made a will before marriage and then remarries, will the old will remain valid? The answer is, in most cases, "no."

According to Indian law, a will made after marriage is generally considered invalid unless it explicitly states that it was made with the possibility of marriage in mind. This is because a person's financial responsibilities and dependents change after marriage, so the distribution of property must be planned accordingly.

Why is an old will revoked after marriage?
A will is essentially a person's "last wish" regarding how their property should be distributed after their death. However, after marriage, the situation changes completely. If the will does not mention the new wife or husband, the court may declare it invalid. In this situation, the property will be divided under the rules of intestate succession, as if the person had died without a will.

How is property divided in different religions?
If a marriage invalidates an old will, the division of property is determined by different laws depending on the religion. Under the Hindu Succession Act, 1956, the spouse, children, and parents are Class I heirs. This means that if the deceased has no children, the wife and mother share equally. According to Muslim Personal Law, the wife receives 1/4 of the husband's property (if there are no children) or 1/8 of the husband's property (if there are children). For Christian and Parsi communities, the Indian Succession Act, 1925, applies, which gives the wife 1/3 of the property, and the remainder to other heirs.

Why is it important to update a will after marriage?
People often think that the old will automatically incorporate new relationships or children, but this is not the case. Financial and legal responsibilities change after marriage, so updating a will is essential. This ensures transparency in property distribution and eliminates potential disputes in the future. An updated will protects your family's interests and strengthens your legal standing.

How the Court Approaches Such Cases
If a premarital will is challenged after death, the court takes a strict view. If the document makes no mention of the possibility of marriage, it may be declared invalid. However, if it is proven that the deceased wished for the will to remain valid after marriage, the court may enforce it. Each case's trial depends on its own facts, but the general rule is that marriage invalidates the previous will.

How to Avoid Disputes
Legal experts believe it is wise to re-draft a will after marriage, the birth of a child, or the purchase of a major asset. If desired, both partners can also create a joint will. This ensures clarity on the distribution of property and prevents future court cases.

Disclaimer: This content has been sourced and edited from News 18 hindi. While we have made modifications for clarity and presentation, the original content belongs to its respective authors and website. We do not claim ownership of the content.