Does getting married cancel my Will?

Short answer: In most Australian States and territories, getting married revokes (cancels) all or part of your existing Will, unless the Will was made in contemplation of that marriage. If you have recently married, or are about to, you should make a new Will as soon as possible.

Why does marriage affect a Will?

The law assumes that a marriage changes who you would want to provide for. Rather than leave an old Will in place that may not mention your new spouse, the law in most States and territories treats the Will as cancelled. If you then die without making a new Will, you will be said to have died "intestate" and your Estate will be divided according to the default laws of your State or territory, not your wishes.

What is a Will "made in contemplation of marriage"?

It is a Will that states it is made because you intend to marry a particular person. A Will that says this clearly will usually survive the wedding. In some States and territories (Western Australia, South Australia and the ACT), the Will must expressly say it is made in contemplation of marriage, or the whole Will is revoked.

What about Tasmania?

Tasmania's rules work differently, and some parts of an existing Will can survive a marriage. Even so, reviewing your Will after you marry is still the safest approach.

Engaged? You can plan ahead

When you make your Will with RapidWills, the guided steps ask about your relationship status, including whether you are planning to marry. This lets your Will include the right wording for your State or territory so it is not cancelled by your wedding.

What should you do now?

• If you married after your last Will was signed, assume it may no longer be valid and make a new one.
• If you are engaged, make your Will in contemplation of the marriage.
• Check your superannuation death benefit nomination too, because it sits outside your Will. See Superannuation and your Will.