Death Clause
Julie avatar
Written by Julie
Updated over a week ago

HelloPrenup's prenup language is such that it points to a will or estate plan if one exists. The estate plan will generally dictate what should happen in the case of a death.

Here is the output language if you include the death clause:

IN THE EVENT OF TERMINATION OF THE MARRIAGE BY DEATH

In the event of termination of the marriage by death of PARTNER 1:

In the event that PARTNER 1 predeceases PARTNER 2 while the Parties are married and no action for separation, separate support or divorce is pending between the Parties, then all Marital Property shall pass to PARTNER 2 and all liabilities connected with Marital Property shall become PARTNER 2's sole responsibility. All of PARTNER 1's Separate Property shall belong to his/her/their estate to the exclusion of PARTNER 2, except as may be expressly provided by the terms of PARTNER 1's will or other estate planning instruments. All liabilities connected with PARTNER 1's Separate Property shall be the responsibility of PARTNER 1's estate. PARTNER 2 hereby waives any right of dower or curtesy. PARTNER 2 agrees not to contest any of the provisions of PARTNER 1's will so as to seek a share of PARTNER 1's Separate Property or to seek any spousal share allowed by law, but agrees to accept only what PARTNER 1 may decide to leave PARTNER 2, if anything. Should PARTNER 1 die not having executed a will or other estate planning documents, then PARTNER 2 hereby waives any right in and to PARTNER 1's Separate Property.


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