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!
                    
 
                   
                   
                   
                  