When you are amidst the planning and excitement of wedding planning, your Will is probably not making the shortlist of things to consider. However, it is important to know that the marriage is likely to impact your existing Will and requires consideration sooner rather than later.
You have exchanged “I Do’s” and celebrated back down the aisle. Generally, it’s not one of the vows that “I Do” want to revoke my previous Will, however a marriage often results in you no longer have a valid Will. This is because the marriage of a testator (person making the Will) can revoke part or all any existing Will under the Succession Act 2006.
If you have made provisions in a previous Will for your new spouse, either naming them as an Executor or Beneficiary, these clauses are likely to be considered valid – so you might say what’s the problem? Well, while your new spouse may be included, any other clauses/gifts in your previous Will are rendered invalid and this could raise contentious issues especially in blended family situations involving children. Any clauses of your Will deemed invalid Will then be dealt with under the intestacy provisions which could have a significantly different outcome to that you desire.
We would advise review of your previous Will and arranging a new Will if required as soon as possible after being married to avoid any complications or undesired outcomes.
Exceptions? Glad you asked –
If you would like to be organised ahead of time and you will be getting married in the near future, having your Will drafted “in contemplation of Marriage” can safeguard your Will and Estate Planning from unintended revocation. This will not apply to any Will previously made that does not contain the wording in relation to the Will being made in contemplation of marriage.
We recommend that you review your Will any time a significant life event occurs. Our Wills and Estates team here at Baker Love Lawyers would be pleased to assist you with reviewing your Will or making a new one contact us today on (02) 4944 3322.
