You may have signed your will years before getting married. If you have a large estate, the document may still leave property to children or other beneficiaries without including your new spouse. That can create problems if the will no longer reflects your current wishes.
Marriage does not automatically change your will. However, Arizona law gives a surviving spouse certain rights when the marriage took place after you signed it. In some cases, your spouse may still receive part of your estate even if the will gives them little or nothing.
How Arizona protects a later spouse
Arizona generally gives a later spouse a share based on what that spouse would receive if you died without a will. State law calls this an intestate share.
However, Arizona does not simply ignore every gift in your existing will. The law generally protects certain gifts you made to a child born before the later marriage when that child is not also your surviving spouse’s child. Those gifts do not simply become part of the property used to provide the spouse’s share.
When the rule does not apply
The later-spouse rule does not apply if your existing plan already accounts for the marriage. For example, your will or other proof may show that you signed it with the upcoming marriage in mind. Your will can also state that it will remain effective after you marry.
You might also provide for your spouse outside the will. If the available proof shows that you intended that transfer to take the place of a gift through your will, your spouse generally would not receive the omitted-spouse share.
Reviewing your plan after marriage
You may want to review your will after marriage to see if it still reflects your wishes for your spouse and other beneficiaries. It may also help to check your trusts and beneficiary forms, since they may direct where some property goes after your death. Reviewing these documents together can help you find outdated terms and better understand the steps involved in updating your plan.