Define: Predeceased Spouse

A predeceased spouse refers to a person who has died before their spouse in the context of inheritance or estate planning. When a person passes away leaving behind assets and property, their surviving spouse is typically entitled to inherit a portion of the estate according to laws of intestate succession or the terms of the deceased’s will or trust. If the surviving spouse had a predeceased spouse, the distribution of the estate may be affected, especially if there are children or other heirs involved. In such cases, the rights of the surviving spouse and any children or heirs from the predeceased spouse may be considered in determining how the estate is divided. Understanding the legal implications of a predeceased spouse is essential in estate planning to ensure that the wishes of the deceased are carried out and that surviving family members are adequately provided for.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.