Does A Will Override A Prenuptial Agreement

In some cases, the will takes precedence over the prenup. One of the ways to do this is if a prenup is deemed unenforceable by the court. Thus, the marriage contract loses all binding force. This can happen if it is established that the agreement was entered into by a party under the status of coercion or if the contract is found to be unfair to one of the parties. Another way, as a will might prevail over a marriage contract, is if it contains a “sunset clause.” Sunset clauses terminate a contract immediately once an event or a certain period has passed. If a marriage contract has itself expired under a sunset clause, the will takes precedence. Finally, if the prenup does not contain a forum selection clause explaining which state laws govern the contract, the state in which the person died may decide which document has priority. Whatever the final outcome, this dispute requires a trial, and the legal proceedings that go into this decision include lawyers and often become expensive….