In general, a testator has the right to distribute his or her property via a will in the manner of his or her choosing. This is a cornerstone of estate planning. Indeed, a court’s primary aim when construing a will is to give effect to the testator’s intentions. However, there are situations where the law may operate so as to impute certain conditions to a will after major life events, such as marriage, the birth of a child, or divorce. This is why it is important to take a second look at your will after major life events. Doing so will help ensure that your will still reflects your intent.

Marriage

Often, people will make a will before they are married. In these circumstances, the testator may or may not have contemplated future marriage in general, or marriage to a specific spouse. However, Nevada law protects spouses who were married subsequent to a will from accidental disinheritance. This means that when the testator marries after making his or her will, the spouse is entitled to a share of the testator’s estate unless certain exceptions are met. As a result, a spouse may be entitled to an intestate share of the testator’s estate, even though testator was single at the time he or she created the will and did not include the spouse in his or her will.

Children

Like marriage, the law provides protection for a testator’s children born after he or she created the will. Unless certain circumstances are met, a child born after the testator created his or her will may receive an intestate share of the testator’s estate. Accordingly, children born after the testator made his or her will may still receive a share of the testator’s estate, even though the will does not mention those children by name.

Divorce

Nevada law protects testators who inadvertently leave a divorced spouse in their will. To illustrate, upon divorce or annulment, Nevada law automatically revokes provisions in a will in favor of a former spouse created before the entry of the decree of divorce or annulment.

Of course, this provision is only effective upon entry of the divorce or annulment decree. This is why it makes sense to consider proactively changing your estate plan prior to the conclusion of the divorce proceeding.

Conclusion

In conclusion, it is very important to take a second look at your will after major life events. While provisions of the law providing for intestate shares for accidentally omitted spouses or children may seem desirable, it is better to amend your estate plan rather than rely on the operation of law. Doing so is likely to provide clarity to your heirs regarding your intentions and so avoid costly litigation expenses.