Knot Tied, Will Revised: Unveiling the Impact of Marriage on Wills in Australia

A wills in Australia is a legal document that outlines how a person’s assets and belongings will be distributed after their death. It is an essential tool for ensuring that your wishes are respected and that your loved ones are taken care of.

Marriage is a significant life event that can have a significant impact on your will. In Australia, when you get married, your existing will is automatically revoked. This means that if you die without updating your will after getting married, your assets and belongings will be distributed according to the intestacy laws of your state or territory.

At Aylward Game Solicitors, we have extensive experience in handling will-related matters in Brisbane. We understand the importance of having a valid and up-to-date will in place, especially after a major life event like marriage. In this blog post, we will explore the impact of marriage on wills in Australia and provide guidance on how to ensure that your will reflects your wishes after getting married.

Understanding Wills in Australia

A will is a legal document that sets out your wishes for how your assets and belongings will be distributed after your death. It is important to have a valid will in place to ensure that your wishes are respected and that your loved ones are taken care of.

To be valid, a will must meet certain legal requirements. In Australia, a will must be in writing, signed by the testator (the person making the will) in the presence of two witnesses, and dated. The witnesses must also sign the will in the presence of the testator.

It is important to keep your will updated with any changes in your life circumstances. This includes getting married, having children, or buying or selling property. If you do not update your will, it may not reflect your wishes and could lead to unintended consequences.

Impact of Marriage on Wills

When you get married, your existing will is automatically revoked. This means that if you die without updating your will after getting married, your assets and belongings will be distributed according to the intestacy laws of your state or territory.

Intestacy laws vary from state to state, but they generally provide that your spouse will inherit your entire estate if you have no children. If you have children, your spouse will inherit the majority of your estate, and your children will inherit the remainder.

If you want to ensure that your assets and belongings are distributed according to your wishes, it is important to update your will after getting married.

Addressing Changes After Marriage

After getting married, there are a few steps you should take to address the changes to your will.

First, you should review your existing will and determine whether it still reflects your wishes. If you have any concerns, you should speak to a solicitor.

Second, you should make a new will that reflects your new circumstances. Your new will should include your spouse as a beneficiary and should specify how you want your assets and belongings to be distributed after your death.

Finally, you should have your new will signed and witnessed in accordance with the legal requirements.

Case Studies or Examples

Here are a few real-life scenarios or cases related to marriage and will revisions:

• A couple gets married and does not update their wills. The husband dies suddenly, and his wife inherits his entire estate. The wife is not happy with this arrangement, as she wanted to leave a portion of her husband’s estate to his children from a previous marriage.
• A woman gets married and has children. She does not update her will, and she dies suddenly. Her husband inherits her entire estate, and the children are left with nothing. The children are devastated, as they were expecting to inherit their mother’s estate.
• A man gets married and has children. He updates his will to include his wife and children as beneficiaries. He dies suddenly, and his wife and children inherit his estate according to his wishes. The family is grateful that the man had updated his will, as it ensured that their financial future was secure.

Aylward Game Solicitors’ Expertise

At Aylward Game Solicitors, we have extensive experience in handling will-related matters in Brisbane. We understand the importance of having a valid and up-to-date will in place, especially after a major life event like marriage.

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We offer a range of services related to wills and estate planning, including:

• Will draft and review
• Will revisions
• Estate planning
• Probate and administration

We are committed to providing the highest level of service to our clients and will work with you to ensure your wishes are reflected.

Conclusion

Marriage is a transformative life event, and its impact on Wills is profound. This section will recap the key points discussed, stressing the importance of proactive Will revisions after marriage to safeguard one’s assets and loved ones.

FAQ

1. Does getting married automatically invalidate my existing Will?

Yes, in Australia, marriage typically revokes an existing Will. According to the law, unless a Will was made in contemplation of the marriage, it becomes invalid upon marriage. This means the terms of your previous Will might not apply after marriage. It’s crucial to update your Will to reflect your new marital status and ensure your assets are distributed according to your wishes.

2. What happens if I don’t update my Will after getting married?

Failing to update your Will after marriage can have significant consequences. Your estate might be distributed according to intestacy laws, which could lead to unintended outcomes. This might exclude your spouse from receiving their rightful share or distributing assets to beneficiaries you didn’t intend to include. To avoid these complications, promptly updating your Will after marriage is advised.

3. Can I modify my Will myself after marriage, or do I need legal assistance?

While minor changes can be made to your Will without legal assistance, significant revisions or ensuring legal compliance are best handled by solicitors specializing in estate planning. Legal professionals can help navigate the complex legal requirements, ensuring your Will is valid and accurately reflects your wishes, especially after a major life event like marriage.

4. How soon after marriage should I revise my Will?

It’s advisable to revise your Will as soon as possible after marriage. Life changes, especially those as impactful as marriage, should prompt immediate consideration of estate planning. By updating your Will promptly, you ensure your assets are distributed according to your wishes should anything unexpected happen.

5. Are de facto relationships treated the same as marriages concerning Wills?

In some cases, de facto relationships may hold similar weight to marriages concerning Wills. Australian law acknowledges de facto relationships in certain contexts, and their treatment concerning Wills can vary based on legal factors such as duration, financial interdependence, and more. Seeking legal advice specific to your situation is essential to understand how your de facto relationship might impact your Will.