Wills for Married
Couples
Getting married rewrites who inherits your estate, who raises your children, and who settles your affairs. A will puts those decisions in your hands. AI-drafted, jurisdiction-aware wills are coming to prenups.ai.
No spam — one email when it launches.
The basics
What a will covers — and why marriage changes it
A will (last will and testament) is the document that decides who inherits your property, names the executor who settles your estate, and — for parents — names a guardian for your minor children. It only takes effect when you die, and it must be signed with the formalities your jurisdiction requires, usually including witnesses.
Marriage changes the picture in ways many couples never realize. Your spouse gains new inheritance rights the moment you marry. In many US states a surviving spouse is entitled to an elective share of the estate regardless of what an older will says. And a will you signed before the wedding may no longer reflect your wishes — historically, marriage even revoked an existing will outright in some places (Ontario ended that automatic-revocation rule on January 1, 2022). But the lesson holds everywhere: a wedding is the moment to write or update a will.
Without a will, intestacy law takes over — and the surviving spouse does not automatically inherit everything. In many jurisdictions the spouse shares the estate with the deceased's children or parents, in proportions that vary by state and province. A will replaces those default rules with terms you actually chose.
Wills vs prenups
Two documents, two life events
A prenup plans for divorce; a will plans for death. They cover different ground, which is why most married couples benefit from both.
| Will | Prenuptial agreement | |
|---|---|---|
| Plans for | Death | Divorce or separation |
| Decides | Who inherits, executor, guardian for children | How assets and debts divide if the marriage ends |
| When it takes effect | At death | On divorce |
| Names a guardian for kids | Yes | No |
| Covers spousal support / division | No | Yes |
| Availability on prenups.ai | Coming soon | Available now |
Getting married and want protection now? You want a prenup — you can create one today.
Why now
When married couples need a will
You just got married
Marriage gives your spouse new inheritance rights and can revoke a will you made before the wedding. A fresh will makes your wishes match your new life.
You have or want children
A will is the only place to name a guardian for minor children. Without it, a court decides who raises them if the worst happens.
You bought a home together
How jointly owned property passes on death depends on how it is titled and what your will says. A will removes the guesswork.
This is a second marriage
Blended families raise hard questions: providing for a new spouse while protecting children from a prior relationship. A will lets you do both deliberately.
Your beneficiaries are outdated
Life insurance and retirement accounts pass by beneficiary designation, which can override your will. Marriage is the moment to align them.
Intestacy is not your plan
Die without a will and your state or province divides everything by default — and your spouse may not inherit it all. A will replaces the defaults with your terms.
FAQ
Wills and marriage: common questions
What is a will?
A will (last will and testament) is a legal document that says who inherits your property when you die, names an executor to carry out your wishes, and — for parents — names a guardian for your minor children. Without one, your state or province decides all of this through intestacy law.
Does getting married change my will?
Yes, significantly. Marriage gives your spouse new inheritance rights, and in some places it can revoke a will you made before the wedding. In many US states a surviving spouse is entitled to an "elective share" no matter what an old will says. Historically some Canadian provinces revoked a will automatically on marriage — Ontario ended that rule on January 1, 2022. The takeaway is the same everywhere: revisit your will after you marry.
Is a will the same as a prenup?
No — they cover different life events. A prenuptial agreement decides how property is divided if a marriage ends in divorce. A will decides who inherits when you die. They are complementary: a prenup that keeps certain assets separate usually needs a will that directs those same assets on death. Most married couples benefit from both.
What happens if I die without a will while married?
Your estate is distributed by intestacy law, not by your wishes. A common surprise: the surviving spouse does not automatically inherit everything. In many jurisdictions the spouse shares the estate with the deceased's children or parents, and the exact split varies by state and province. A will lets you decide instead of the default rules.
Do beneficiary designations override my will?
Often, yes. Assets with a named beneficiary — life insurance, 401(k)s, IRAs, RRSPs — pass directly to that person and are not controlled by your will. If you married but never updated a policy that still names an ex or a parent, that designation can defeat what your will says. After marriage, review both together.
Are wills available on prenups.ai now?
Not yet. Wills are in development. Join the waitlist and we will send you a single email when they launch — no spam, no drip campaign.
How much will a will cost on prenups.ai?
Pricing is not final. Our goal is the same accessible, flat, one-time pricing model as our prenuptial agreements. Waitlist members will be the first to know.
What does a will cover that a prenup does not?
A will handles what happens at death: naming an executor, choosing a guardian for minor children, directing who inherits specific property, and reducing the risk of family disputes during probate. A prenup does none of that — it is about divorce, not death. That is why they work together rather than replacing each other.
Be first in line when wills launch
One email at launch. Same guided process, plain-English explanations, and jurisdiction-specific drafting as our prenuptial agreements.
Getting married and need protection now? Create your prenuptial agreement today