Does My Last Will and Testament Take Precedence Over My Premarital Agreement After My Death?

If the terms contained within a Last Will and Testament and a Premarital Agreement contradict each other, the Probate Court judge assigned to your estate case would decide upon the appropriate application of the two documents as they relate to the distribution of your assets after death.

To ensure a probate legal issue is not created in this type of situation, we suggest you find an attorney to help you review any current legal documents you may have, so that you understand the resulting language for each document. To find a local attorney for FREE, visit Standard Legal’s Attorney Find page.

If you have not yet created a Prenuptial and a Last Will for you and your spouse (or soon-to-be-spouse), you can do so without creating the overlap described above by using Standard Legal’s Premarital Agreement legal forms software and Standard Legal’s Last Will and Testament legal forms software.