Getting married changes plenty, from your daily routine to the way state law views your property. Yet many couples never stop to ask whether wedding vows rewrite earlier estate documents, like a trust.
At Jordan & White, LLC, we spend days helping clients protect what matters, so we see the risks of overlooking this question. This article examines how Massachusetts treats a pre-marriage trust, when a spouse can still claim part of the assets, and how careful planning can avoid nasty surprises.
Marriage and Its Potential Impact on a Trust
First, a little peace of mind: under Massachusetts law, your trust is not wiped away just because you say “I do.” A properly funded trust remains valid, and the trustee keeps the powers you gave. That said, the Commonwealth gives a new husband or wife certain property rights that can reshape the way a court views that trust if one spouse dies.
A surviving husband or wife may request an “intestate share.” In plain terms, the spouse can claim the portion of the estate they would have received if no will existed at all, as set out in Article 2 of the Massachusetts Uniform Probate Code (MUPC). Whether and how that share reaches your trust depends on several moving parts.
Circumstances Where Marriage May Override a Trust
Each of the next sections highlights a legal concept that could open the trust door to a spouse. After each heading, you will find a short bridge paragraph to keep the flow smooth.
Spousal Elective Share
Massachusetts allows a surviving spouse to claim an elective share instead of accepting what the will or trust provides. Under M.G.L. ch. 191 § 15, the elective share ranges from one-third to one-half of the probate estate, depending on family structure. Courts in Massachusetts may also consider certain revocable trust assets when calculating the elective share, particularly if the trust effectively replaces a will and fails to provide adequately for the spouse.
Community Property Considerations
Massachusetts follows common-law property rules, not community property rules. However, courts may still honor the community property character of assets earned in another state. If those assets are placed in a trust, they may remain subject to a spouse’s claim, depending on the facts of the case.
Omitted Spouse Doctrine
The MUPC also guards a husband or wife who married the testator after the will was signed and who receives nothing under that will. Such an “omitted spouse” can still claim an intestate share unless the document states it was written in contemplation of marriage or the spouse already received assets outside the will. Similar logic can spill into a trust if the trust acts as a will substitute.
Breach of Fiduciary Duty
Even when the trust appears airtight, poor trustee conduct can open the courtroom door. Under M.G.L. ch. 203E § 802, a trustee must act in the best interest of every beneficiary, which often includes the spouse. Self-dealing, reckless investments, or withholding reasonable distributions can spark a lawsuit that chips away at trust protections.
The following list illustrates how those breaches might look in day-to-day life:
- Using trust funds to buy property owned by the trustee personally.
- Keeping money in a no-interest checking account for years while charging sizable trustee fees.
- Denying health-care payments for a spouse even though the trust permits such support.
Any of these missteps can lead a court to adjust distributions or, in severe cases, move assets outright.
Protecting Your Trust from Unintended Consequences of Marriage
Marrying after you create a trust is common, so planners have tools ready to limit later conflict. The subsections below outline the most popular strategies.
Prenuptial Agreements
A well-drafted prenup under M.G.L. ch. 209 § 25 can spell out who owns what during the marriage and at death. By addressing the trust head-on, the agreement tells a probate judge that both spouses understood and accepted the arrangement.
Trust Amendments and Restatements
Review the trust with counsel once the wedding date is on the calendar. An amendment can add the new spouse as a beneficiary, limit the share, or clarify that the trust replaces all statutory claims. A full restatement works even better because it rewrites the document in one cohesive piece, avoiding patchwork language.
Strategic Trust Design
Some trusts are built to balance a spouse’s lifetime comfort with long-term family goals. Here are two design ideas often used for that balance:
- Insert a spendthrift clause and give the trustee wide discretion, which makes any claim by outsiders, including a divorcing spouse, far harder.
- Create a Qualified Terminable Interest Property (QTIP) trust that pays income to the spouse for life while preserving the principal for children.
Both tools respect marital rights without letting them swallow the entire estate.
Clear Statement of Intent
Courts love clarity. Add a short, plain statement in the trust saying whether you wish, or do not wish, to benefit a current or future spouse. Judges often rely on such language when interpreting borderline clauses, so those few sentences can tip the scales.
The Role of Divorce
Marriage is not the only status change that rocks estate plans. Divorce carries its automatic effects. Under Article 2 of the MUPC, once a divorce is final:
- All revocable gifts to the former spouse disappear, whether made by will, revocable trust, or beneficiary form.
- Joint tenancy in real estate converts to tenancy in common, ending the automatic right of survivorship.
- Nominations of the former spouse as trustee, personal representative, or health-care agent are revoked.
Important caveat: Courts have ruled that the statute cannot rewrite retirement plans or life insurance forms governed by federal law, so you must manually remove the former spouse.
Quick Reference Table
The table below collects the main statutes and doctrines discussed. Keep it handy when reviewing your plan.
| Issue | Main Rule | Legal Source |
| Elective Share | Spouse may choose a forced share of the probate estate, which can pull back trust assets | M.G.L. ch. 191 § 15 |
| Intestate Share / Omitted Spouse | Spouse who marries after the execution may claim a portion equal to the intestate share | MUPC Article 2 |
| Spendthrift Clause | Blocks direct transfer of trust interest to spouse or other creditors | M.G.L. ch. 203E § 502 |
| Trustee Duty | Breach can lead the court to alter distributions | M.G.L. ch. 203E § 802 |
| Divorce Revocation | Post-divorce, revocable gifts to the former spouse are void | MUPC Article 2 |
Seek Assistance with Your Estate Planning Needs
At Jordan & White, LLC, we’ve spent over a decade helping Massachusetts families build and maintain estate plans that hold up through life’s changes. From prenuptial agreements to trust updates and property deeds, we provide thoughtful guidance tailored to your goals. Call us at 978-744-2811 or visit our Contact Us page to schedule a consultation. Whether you’re just starting or need to fine-tune your plan, we’re here to ensure it works exactly as you intended.