Often, when people enter a new relationship they will update their Will to reflect their new circumstances. This update may or may not be alongside a relationship property agreement. In many cases the couple will be living in a de facto relationship. So far so good, but frequently the Will is unintentionally revoked by doing something as simple—and joyful—as getting married! Unfortunately for the families involved, we have seen this happen all too often, only to be discovered too late – when the survivor has come to us after their spouse has died. Under the Wills Act 2007 getting married or entering a civil union automatically revokes any Will that wasn’t made in contemplation of marriage. Although codified in the Act, this legal principle can be traced back centuries and assumes that a person’s intentions for their estate change upon entering marriage. Yet, in today’s world of de facto relationships, blended families, remarriages, and relationship property agreements, this assumption can feel outdated. If you were married or entered a civil union after making your Will and didn’t revisit it, there’s a very real chance that your estate could be distributed under the laws of intestacy. That means the distribution is determined by the rules prescribed in the Administration Act 1969, which is unlikely to reflect your actual wishes. To avoid this, your Will should specifically state that it was made “in contemplation of marriage” and name your intended spouse. This phrase ensures that your instructions remain valid after you tie the knot. If you’ve married or entered a civil union since you last signed your Will—even if it was years ago—it’s time for a review. The cost of updating a Will is modest compared to the legal, financial, and emotional costs of dying with an invalid one. Talk to our team today!
