‘Will you please repeat this vow…’ What happens to your will if you get married?

Did you know that your will is automatically revoked if you get married?

If you have signed a valid will and subsequently get married, your will is automatically revoked (that is, becomes invalid) by operation of law. The same rules apply to civil unions.

A will can be saved by the following exceptions:

1. if it expressly says that it is made in contemplation of a particular marriage; or 
2. the circumstances existing when it was made show clearly that it was in fact made in contemplation of a particular marriage. 

The marriage that subsequently occurs must be the one contemplated by the will or the circumstances.

If you have a will in place at the time you get married, it is important to re-visit it either prior to the wedding and update it so that it is ‘in contemplation of’ the marriage, or as soon as possible afterwards.

If you do not, your existing will becomes void. One consequence of this is that any specific gifts you intended to give, along with the rest of your estate, may not be distributed in accordance with your wishes.

When an executor becomes an ex…What happens to your will if you get divorced?

Unlike the act of entering into marriage, divorce does not automatically revoke an entire will.

If you make a will while married and subsequently separate or divorce (meaning a separation order or an order dissolving a marriage is in place at the time of your death) only the following parts will become void:

1. if you have appointed your ex as an executor or trustee or advisory trustee of your will; or
2. if you have made any gifts to your ex.

Those parts of your will must be read as if your ex had died immediately before you. The same rules apply to the end of a civil union.

Some people may maintain an amicable relationship with their ex and still wish to appoint them as an executor or leave them gifts or other property when they subsequently update their will. In this case, your will must make it clear that you intend those provisions to be effective even though you are separated or divorced and that your will must not be read as if your ex had died immediately before you.

If you or anyone you know, requires advice or assistance we have a team of solicitors at Urlich Milne Lawyers who are able to assist.

Katee Yukich

Associate