DOES MARRIAGE INCLUDING SAME-SEX MARRIAGE AFFECT YOUR WILL?
Marriage can result in a Will or parts of it being automatically revoked.
If a person marries after making a Will, it will be revoked with exceptions including:
· gifts in the Will from a person to a spouse who they marry are not revoked;
· an appointment as executor or whom the testator is married to at the time of his or her death is not revoked.
Same-sex marriage in Australia has been allowed since 9 December 2017. The same laws apply in relation to Wills of same-sex couples. A same-sex marriage may make a past Will invalid subject to the exceptions mentioned above.
Considering the difficulties which arise in relation to marriage and Wills, we advise that you make your Will in contemplation of marriage to avoid any issues. Importantly, a Will made in contemplation of a particular marriage is not revoked by that marriage.
If you have been newly married, or you were married before the same-sex laws we can advise you on how to deal with enquiries you may have about the validity of your Will.