Does Getting Married Change Your Estate Plan in Illinois?

 Posted on August 14, 2026 in Estate Planning

Getting married in Illinois can significantly change your estate plan. Marriage affects how your assets may be distributed. It can also create new rights for your spouse that override provisions in an outdated will.

If you got married in 2026, our DuPage County estate planning lawyer can help you understand what needs updating. You'll work directly with Attorney Eron McCormick, who takes a guy-next-door approach that makes complicated legal concepts easy to understand.

Does Marriage Automatically Change Your Will in Illinois?

Marriage does not automatically revoke or change your will in Illinois. Under 755 ILCS 5/4-7, a change in marital status generally does not revoke a will. This means that if you made a will before getting married, that will can remain valid after the marriage.

However, your new spouse may have rights that affect how your estate is distributed. Under 755 ILCS 5/2-8, a surviving spouse can choose to reject, or "renounce," the will. The spouse can then receive one-third of the estate if you leave descendants, such as children, or one-half of the estate if you leave no descendants.

Because marriage does not automatically update your will, it is important to review your estate plan after getting married. Otherwise, your will may no longer reflect how you want your property distributed.

How Does Marriage Affect Beneficiary Designations?

Your will isn't the only document affected by marriage. Beneficiary designations on life insurance policies, retirement accounts, and other financial assets remain in place regardless of your marital status unless you actively update them. An ex-girlfriend, former roommate, or even a parent listed as a beneficiary years ago could still receive these assets after you marry. This is true unless you take steps to change these designations.

This is one of the most commonly overlooked aspects of estate planning after marriage. These designations often override what's written in your will entirely.

What Happens to Jointly Owned Property After Marriage in Illinois?

Marriage can also affect how property is owned and eventually distributed. Many couples choose to add their spouse to property titles, bank accounts, or other assets after marriage. This can change how these assets pass upon death. Sometimes, it bypasses the will entirely through rights of survivorship.

What Documents Should You Update After Getting Married?

Several important documents typically need review and updating after marriage to make sure they reflect your current wishes. In addition to your will and beneficiary designations, common documents to revisit include:

• Powers of attorney for healthcare and financial decisions
• Any existing trusts that may need beneficiary updates
• Property titles and deeds if you plan to add your spouse as a co-owner

We’ll discuss all elements of your estate planning to ensure everything is properly updated.

Why Should You Update Your Power of Attorney After Marriage?

Many people don't realize their power of attorney documents don't automatically update when they marry. This person would retain that authority unless you formally update the document to name your new spouse instead. This applies if your existing healthcare or financial power of attorney names a parent, sibling, or previous partner.

What Should You Do if You Have Children From a Previous Relationship?

Marriage adds an additional layer of complexity to your estate plan if you have children from a previous relationship. Without careful planning, your new spouse could potentially inherit assets you intended for your children. The reverse could happen too, depending on how your documents are structured.

Working with an attorney to create a clear plan, potentially including a trust, can help make sure both your spouse and your children from a previous relationship are provided for according to your actual wishes. This is better than leaving this to default Illinois inheritance laws.

Contact Our Wheaton, IL Estate Planning Attorney for a Free Consultation

At The McCormick Law Firm, LLC, we proudly offer discounts for military members, veterans, and first responders as a way of giving back to those who serve our community. Attorney McCormick takes the time to walk you through every part of your estate plan personally. He’ll ensure that you fully understand your options before making any decisions.

Contact The McCormick Law Firm, LLC at 630-517-8570 to talk to our DuPage County estate planning lawyer today.