Marriage and Validity of Your Will

Making a valid Will is important to its effectiveness. The word ‘valid’ in law means to be legally effective and having legal force. When making a Will, considering changed or soon to be changed circumstances is important. If not, the rules of intestacy would apply on death, and these may not produce the desired outcome.

Many are unaware that marriage will generally revoke an existing will, regardless of its contents. If you fail to update your Will to reflect this major relationship change, the rules of intestacy apply, and a large part of your estate may be awarded to your spouse. For many first-time marriages, this is not a major problem but if you have children from a previous marriage or other people you wish to provide for, it is worth taking control of your estate.

There is an exception for a Will to remain valid following a marriage provided if it is made in contemplation of the marriage and expressly stated. Apart from this one exception, you Will need a new Will if you marry. In contrast, a will made expressly in contemplation of a marriage that does not happen can also revoke the will.

As a will is prepared at a single point in time, to ensure your final wishes are met it is vitally important to review and update a will, as necessary.

It is preferable that you revisit and review your will every 5-7 years to update your will if:

• your financial circumstances changes;
• your family circumstances changes (for example, if you marry, start a new relationship, divorce, separate, or have children or grandchildren);
• a beneficiary under your current will dies;
• an executor or trustee appointed under your current will dies or becomes unsuitable to act due to age or ill-health;
• you sell or give away assets that are specifically mentioned in your will;
• you buy or inherit significant assets; and/or
• you begin to hold assets that your will cannot deal with, such as in superannuation or a trust.

If you would like your Will to be drafted, Straits Lawyers are now offering online Will services. To access these services, simply click on the link – https://straits-lawyers.square.site/product/online-will-/1?cs=true

Alternatively, if you would like to enquire more about your rights and options, simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an online interview.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.