What impact does marriage have on my existing Will?

Getting married is often one of the happiest days of a person’s life. Understandably, your Will is one of the last things on your mind. It is important to note, however, that your existing Will is revoked by your marriage.

Introduction

Failure to update your Will following your marriage could have unintended consequences for your estate, especially in cases where you or your spouse have beneficiaries or executors other than one another (i.e. if you have children from previous relationships).

There are, however, a number of provisions that will continue unrevoked, notwithstanding your nuptials:

  1. Any gift or bequest to your new spouse,
  2. Any appointment of your new spouse as an executor, trustee or guardian, or
  3. The granting of a power of appointment.

One way in which you can avoid marriage revoking your Will and your new spouse’s Will is to have these made in contemplation of your marriage. This way, you can ensure you have legally binding and enforceable Wills before you set off on your honeymoon!

What is the effect of marriage on my Will? Planning for marriage as a minor

Marriage also affects the ability of minors (persons under the age of 18 years) to make a Will.

Generally speaking, a person is only entitled to make a Will once they have attained the age of 18 years. However, where a person under the age of 18 marries, they may make, alter or revoke a Will. Minors can also make Wills in contemplation of marriage, however, the Will shall be of no effect if the contemplated marriage does not take place.

For more information regarding marriage, refer to Births, Deaths and Marriages Victoria.

How can Sharrock Pitman Legal assist me?

Please do not hesitate to contact us if you think you could benefit from making a Will or updating your current Will. Please feel free to contact our Wills and Estates team on 1300 205 506 if you have any queries or alternatively fill in the contact form below.

The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.

Liability limited by a scheme approved under Professional Standards Legislation.

For further information contact  
Sarah Slattery

Sarah is an Associate Lawyer at Sharrock Pitman Legal. As a member of our Wills and Estates team, Sarah is dedicated to successfully resolving her clients matters in a cost-effective and timely manner. For further information, please contact Sarah directly on (03) 8651 3322.

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