You and your partner are now embarking on the next chapter of your story - married life. So why is this an important time to review your will?
What most people do not realise is that marriage can make an existing will invalid if it was not made in contemplation of marriage. It is critical therefore if you are planning to get married to ensure your will is properly drafted before your ‘I Dos’ to avoid your will being automatically revoked. Alternatively you can execute a will as soon as possible after your nuptials to avoid such invalidity.
Why is it the case that marriage works to revoke an existing will? The law assumes that a married person would want their spouse to inherit but that may not be the desire of a will maker. For example a will maker may have a blended family and therefore have specific wishes outside of simply leaving their entire estate to their spouse.
For example Rose had executed a will that left everything to her daughters Jane and Juniper from a previous relationship. She then met and married Anthony without updating her will. As her will was not made in contemplation of marriage, Rose’s will was automatically revoked and when she passed she died intestate (without a valid will). Under the provisions of the Succession Act 2023 (SA) if the estate was worth $120,000 or less Anthony would have inherited the whole of the estate or if the estate was worth more than $120,000 Anthony would have received $120,000 plus any belongings of the deceased plus half the remaining balance of the estate. Jane and Juniper would have been entitled to the other half of the remaining balance of the estate.
Situations like this can result in family disputes and time consuming and costly litigation between your loved ones.
A review never hurt anyone, and reviewing your will and other estate planning documents like advance care directives and enduring powers of attorney after marriage will ensure that your wishes (which may have changed) are carried out.
Avoid the ambiguity. Review your will before your wedding or add it to the top of your ‘Just Married’ to-do list!
If you would like further information, please contact our Wills & Estates team via [email protected] or call (08) 8414 3400.