Does Getting Married Affect My Will?
Short answer – yes, it does.
In Victoria, getting married automatically revokes your existing will. Entirely.
This can be especially problematic for blended families.
What is the Legal Position?
Section 13 of the Wills Act 1997 (Vic) is unambiguous: marriage revokes a Will unless that Will was made in contemplation of the marriage and that intention is clearly stated in the document itself.
It doesn’t matter how recently your Will was made or how comprehensive it was, the end result is always the same. Marriage revokes a Will in Victoria and the Supreme Court of Victoria acts accordingly.
So what happens if you die married but without a valid will?
Short answer - You die intestate.
The intestacy provisions of the Administration and Probate Act 1958 (Vic) take over, and your estate is distributed according to a specific formula. And here’s the catch, the person or people you wanted to manage your estate after your death may not be the person or people appointed by the Supreme Court.
Likewise, your Estate may not go to the loved ones or organisations you intended. And, if there is a dispute, it is a time intensive, expensive and emotionally draining process, all at a time when your loved ones are already grieving you.
What do You Need to Watch Out For?
• A Will made before marriage is revoked on the date of marriage unless the Will is drafted in a way that specifically contemplates marriage.
• If you have children from a previous relationship, intestacy may not distribute your estate the way you intend.
How do I fix this?
Make a new Will - ideally before the wedding, drafted in contemplation of the marriage, or promptly afterwards.
Either way, don’t let it fall to the bottom of your to-do-list. The legal implications of getting it wrong can be far more complicated than the wedding itself, considerably less fun to resolve, and believe it or not - more expensive.
