How does marriage affect a will?

Marriage has a significant impact on a will, primarily because it can result in the automatic revocation of any prior wills made by an individual. When a person gets married, it is generally assumed they wish to provide for their spouse in the event of their death, and therefore, the law recognizes the need for a fresh start regarding estate planning. This automatic revocation is meant to prevent any previous instructions regarding asset distribution from conflicting with the intentions that arise from the obligations and rights that come with marriage.

In most jurisdictions, including New Brunswick, this means that a will made prior to the marriage is no longer valid unless it explicitly states that it is intended to remain in effect despite the new marriage. This principle reflects the legal acknowledgement that a marriage can fundamentally alter one's intentions regarding the distribution of their estate.

The other options do not accurately depict the legal implications of marriage on a will. While marriage might create new beneficiaries due to the addition of a spouse, it doesn’t automatically add them to a pre-existing will. The right of survivorship is typically relevant to joint property ownership rather than direct provisions of a will. The assertion that marriage has no effect on a will overlooks the legal significance of marital status in estate planning. Thus, recognizing that marriage revokes