Not always. A prenuptial agreement and a will can control different rights, and the answer often depends on what each document says and whether they conflict. In Delaware, a valid premarital agreement may waive, limit or clarify rights that a spouse might otherwise claim from the estate.
A prenuptial agreement may waive certain spousal rights
A premarital agreement can address inheritance expectations, property rights and what each spouse gives up if the marriage ends by divorce or death. It may also address issues such as:
- Rights to inherit from a spouse
- Claims against the estate
- Ownership of separate property
- Rights in marital property
- Whether a surviving spouse can claim more than the will provides
A surviving spouse may give up inheritance and estate rights before marriage, and that waiver may carry more weight than a conflicting gift in a will.
A will may still control other property
A prenuptial agreement does not replace a will. A will may still control property that the agreement does not address or does not remove from the spouse’s potential interest. The question is which document governs the specific asset or right in a dispute.
Conflicts between the documents can create estate disputes
Problems often arise when one document promises something the other seems to restrict. A blended family, second marriage or business ownership plan may make those conflicts more likely. Written plans that separate what passes to a spouse from what stays with children from an earlier marriage often shape how a family plans future distributions. The conflict often appears only after death, when the family has to carry out both documents at the same time. A lawyer can help review both documents and determine whether the estate plan still matches the couple’s intentions.
