Normally under Australian succession law marriage cancels a will (that is revokes in legalese) – unless the will was made in contemplation of marriage.
In addition to marriage, legislative amendments in some states/territories such as South Australia, Tasmania and the ACT, now provide for people contemplating entering into a registered relationship or partnership to make arrangements in their will. However the legislation on this topic of making a will when contemplating marriage varies across the jurisdictions.
It is important to check what the provisions are for where you live if you are planning on making a will ahead of getting married or entering into a relationship. Specific legal advice and assistance should be sought. A brief look follows. More →
Under Australian succession law, marriage generally cancels an existing will, subject to some exceptions.
Getting married is an important life event. There is a lot to organise, in addition to making arrangements for the wedding ceremony itself.
However, if research on will making in Australia is any guide, the making or updating of existing written instructions as to what is to happen on death following the changed personal circumstances, probably won’t feature highly on the list of things to do.
Yet attending to making a valid will taking into account changed or soon to be changed circumstances is important. If not, the rules of intestacy would apply on death, and these may not produce the desired outcome.