Does my old will still work after I remarry?

It depends on your jurisdiction. In some places marriage automatically revokes a prior will; in others (such as Ontario and BC) it does not. Either way, review and update your will right after remarrying.

How do I protect my kids from a first marriage?

A spousal or life interest trust is the usual tool: it supports your new spouse for life, then passes the remaining assets to your children, so neither side is left out.

Do we need a prenuptial agreement for estate planning?

It is not mandatory, but a marriage contract clarifies separate property and limits surprise claims on death. It is especially useful in a second marriage where both spouses bring assets or children.

Can my new spouse override my will?

A married spouse generally has a protected minimum share (elective share or family-property right) that overrides the will. You can shape their share but rarely eliminate it, so plan to provide for them.

Second Marriage Estate Planning: Balancing New and Old Families

Remarrying later in life is common — and it makes estate planning more delicate. You want to take care of your new spouse, but you may also want to protect an inheritance for children from a previous marriage. Add to that the fact that, in many places, getting married can revoke or change an existing will, and a second marriage becomes a moment that demands a fresh, deliberate plan. This article walks through it. It is general information, not legal advice — second marriages strongly benefit from a lawyer.

Does getting married revoke my existing will?

In many common-law provinces and US states, marriage automatically revokes a prior will unless the will was made in contemplation of that marriage. The result can be an unintended intestacy.

Some provinces (Ontario and British Columbia among them) have removed automatic revocation by marriage, so the old will may stand. Because the rule differs and has changed over time, anyone remarrying should review their will immediately.

How do I provide for my new spouse and protect my children?

The core tension is the same as in any blended family: assets left outright to a new spouse can later pass to that spouse's own family, bypassing your children. A spousal or life interest trust is the standard solution.

The trust supports your spouse for life — income, the right to live in the home — and then passes the remaining capital to your children. Your spouse is cared for, and your children's inheritance is preserved.

Should we sign a marriage or prenuptial agreement?

A marriage contract (prenuptial or postnuptial agreement) can set out what each spouse keeps as separate property and what each can claim on death, which reduces the risk of a surprise spousal claim against the estate.

Used together with your wills, an agreement gives both families certainty. It is especially valuable when each spouse brings significant assets or children into the marriage.

How do I handle the home in a second marriage?

The home is often the flashpoint. Owning it jointly with right of survivorship sends it entirely to the surviving spouse, which may cut your children out of your largest asset.

Alternatives include holding it as tenants in common, or granting your spouse a right to live there for a set period or for life, with the property eventually passing to your children. Match the choice to your relationship and finances.

What about a spouse's legal right to claim?

Remember that a married spouse usually cannot be disinherited completely. Elective shares (US) and family-property rights (Canada) give a spouse a minimum entitlement that overrides the will.

A plan that genuinely provides for your new spouse — through a trust, the home, or insurance — is both fairer and far more durable than one that tries to minimize their share and invites a claim.

How does iFinallyWill support a second marriage?

iFinallyWill is ideal for refreshing each spouse's will after remarriage and for naming executors, guardians, and beneficiaries clearly for your jurisdiction. Doing this promptly addresses the marriage-revocation risk.

For spousal trusts, life interests, and marriage contracts, pair your iFinallyWill draft with a lawyer. Starting from a clear, organized draft typically reduces the legal time and cost.

Frequently asked questions

Does my old will still work after I remarry?: It depends on your jurisdiction. In some places marriage automatically revokes a prior will; in others (such as Ontario and BC) it does not. Either way, review and update your will right after remarrying.
How do I protect my kids from a first marriage?: A spousal or life interest trust is the usual tool: it supports your new spouse for life, then passes the remaining assets to your children, so neither side is left out.
Do we need a prenuptial agreement for estate planning?: It is not mandatory, but a marriage contract clarifies separate property and limits surprise claims on death. It is especially useful in a second marriage where both spouses bring assets or children.
Can my new spouse override my will?: A married spouse generally has a protected minimum share (elective share or family-property right) that overrides the will. You can shape their share but rarely eliminate it, so plan to provide for them.