Heads Up: Your Wedding Will Invalidate your Will

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by Jennifer Cram - Brisbane Marriage Celebrant © 14 November 2024
Categories: | Wedding Legals|  Wedding Planning  |
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Text that reads
                        "When Planning Your Wedding Don't Forget
                        You Need to Make a New Will" on a white
                        background with a pink swash across it.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!

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                      Jennifer Cram
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