Many people believe a will is a person’s “final word” about their property – but that’s not always true.

If during life a prenuptial agreement (or marital property agreement) was signed defining who owns what, that agreement can actually override the will, even if the will was written later.

Why?

Because a person can’t bequeath something that no longer belongs to them.

For example, if the prenuptial agreement states that the apartment belongs solely to the wife, the husband can’t “leave his share” of that apartment in his will – because he doesn’t have one.

The takeaway:

A contractual obligation prevails over a will.

A will cannot cancel a valid prenuptial agreement unless both spouses formally agree to change it and have the change approved by a court or notary.

Pro tip:
If you have both a prenuptial agreement and a will – make sure they speak the same language.

A contradiction between them can lead to painful family conflicts and long legal disputes.

Want to make sure your wishes are truly honored?
Review your agreements and your will – keeping them aligned can prevent a great deal of heartache later on.