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If your marriage is legally recognized where you reside then you need to draft a new Will.


There are two important issues related to your query. First, you need to check the laws in your particular jurisdiction to determine if common law marriage is legally recognized. There are only a few states in the United States that recognize common law marriage and the stipulations and benefits are different in each state. You need to find out if your marriage is legal.

As for your Will: Generally, Wills written prior to a legal marriage are considered void in some jurisdictions. If your marriage is legal in your jurisdiction your Will may be voided by the marriage and you need to write a new Will. You need expert advice from an attorney who specializes in probate and family law in your particular jurisdictions. You have two very important issues.

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8y ago
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10y ago

You should execute a new will. It can clean up a lot of issues later on.

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7y ago

If common law marriage is recognized in your jurisdiction you should write a new Will.

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6y ago

Yes as that is no longer your legal name

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Q: If you had written a Will under your old last name and then you entered into a common law marriage would you need a new Will?
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