Does marriage revoke previous wills?
I once had a client who had just recently married the love of her life. She’d already made a Will years ago when single, long before she met her new spouse. She was surprised to learn that, in effect, her Will was revoked when she got married.
According to the laws in Victoria, in particular the Wills Act 1997 (Vic), your Will is revoked when you get married.
However, to complicate things, there are some exceptions. Not all Wills made prior to marriage will be revoked when the following circumstances apply:
Firstly, Section 13 (3) of the Wills Act 1997 (Vic) states that a Will made in contemplation of marriage will not be revoked. It is important to have a clause in your Will that clearly states this contemplation
Secondly, Section 13 (2)(a) and (b) of the Wills Act 1997 (Vic) states that if the Will you made prior to marriage names your spouse as an Executor or beneficiary (and you and your spouse are married at the time of your death), the Will will not be revoked.
Another possible scenario is:
You made a Will prior to marriage and the Will makes no mention of your current spouse as an Executor and/or beneficiary. In this instance, your Will is revoked on your wedding day.
If you have become married and do not wish to die intestate (without a Will), it might be time to make a new Will.
Otherwise, if you made a Will prior to marriage and the Will makes bequests to people other than your current spouse, those gifts will be revoked. If you have specific items (i.e., family heirlooms, jewellery or cars) you wish to gift to someone other than your spouse, you will need to update your Will to ensure the specific items go to your chosen beneficiaries.
If you are contemplating marriage, the best course of action is to have a Will made with a clause that makes it clear that you are contemplating marriage to your partner, so the Will is not revoked on your wedding day.
From my experience, it can be quite confusing for people who have made Wills prior to marriage to know if their Will is revoked or if any clauses of their Will may be revoked. To avoid any confusion, it may be wise to contact a lawyer to receive advice on the status of your Will.
Written by: Mark Murnane, Australian Wills and Estate Lawyer
DISCLAIMER: This article is provided for general information purposes only. It does not constitute specific legal advice or opinion. Although our aim is to provide you with as accurate information as possible, you should not act or rely upon the information in this article without seeking the advice of an experienced lawyer who specialises in the particular area of law relevant to your inquiry. Please do not to hesitate to contact Murnane Legal to make further inquiries or to make an appointment to discuss the specifics of your situation.
