Heads Up: Your Wedding Will
Invalidate your Will
/08
by
Jennifer
Cram - Brisbane Marriage Celebrant © 14 November
2024
Categories: | Wedding Legals| Wedding
Planning |
When you get
married, things change. Some of them you have a
choice about - like whether you'll change your
name - others you don't because they are covered
by a law, for example the fact that marrying an
Australian citizen does not give anyone an
automatic right to Australian citizenship, or
because they involve a flow-on from your change in
legal status from not-married to married.
The government pamphlet
Happily Ever ...
Before and After, that every celebrant has
to give to every person getting married in
Australia, provides the following advice about
Wills:
Making a Will
Marriage will invalidate any previous
wills unless your will clearly shows you
were planning this marriage when you made
it. It is important that you make a new will
when your personal cirucmstances change.
This ensures that you have a valid will that
gives effect to your intentions about how
you want your assets to be distributed in
the even of your death. A solicitor can help
you make or change your will.
What does that mean?
Getting married will cancel your will. So you will
need to make a new will after you are married.
But there is a way to make a will before your
wedding that will remain valid so that you are
covered without a break. You will need to see a
solicitor for help with that, and the will needs
to make it clear that you were planning to marry
(and to whom).
Why does your
will become invalid once you've said your
vows?
Getting married changes your legal
status. And that means it also changes your
next of kin. And, should you die without a
will, it is the laws of intestacy, informed by
the laws of succession that will decide how
your estate is divided up. Spouse tops the
list.
Why having a
valid will is important
If you die without a will, the state
decides who gets your assets and how much of
them they get. This may not be the way you
want them distributed. While there are
differences state to state, the basic rules
for how estates are divided up are similar, no
matter where in Australia you live. Generally
speaking, if you have a spouse and
children, your estate is split between
your spouse and children, something that can
be complex if there are children from previous
marriages.
So, having a valid will is essential in
order to:
- Ensure
Your Wishes:
Without a will, the state decides how your
assets are divided, which could leave your
loved ones with delays and disputes.
- Guardianship
of Your Kids:
Secure your children's future by naming a
guardian you trust. Without a will, the
court will choose a legal guardian.
- Reduce
Taxes & Costs:
Dying without a will can mean higher taxes
and legal fees, leaving your heirs with
less.
- Prevent
Family Conflicts:
Clearly stating your wishes will help avoid
potential family disputes.
- Have
Control Over who is Your Executor:
Appointing someone you trust to manage
your estate, ensures a smooth process.
Related
Information
Thanks for reading!