Legal Question in Wills and Trusts in Texas
Prenuptual Agreements versus Last Will and Testament
Which holds precedence at the time of death - a prenuptual agreement or last will and testament? The prenuptual agreement has been ratified to say that both parties gift to one another the assets that had once been seperated in the initial agreement. However, the last will and testament does not even mention the party listed in the prenuptial agreement. Which document holds precedence at the the time of death?
2 Answers from Attorneys
Re: Prenuptual Agreements versus Last Will and Testament
The prenup usually comes into play with the dissolution of the marriage through divorce. It would have a bearing as to the characterization of property if that question were to be raised. A prenuptial agreement only comes into play if there's a marriage.
The will would usually prevail, although I'm hard-pressed to see how a will could avoid naming the surviving spouse who would now take as if no will existed.
Re: Prenuptual Agreements versus Last Will and Testament
Among other issues, the answer may depend on which document was signed last.
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