DOES MARRIAGE INCLUDING SAME-SEX MARRIAGE AFFECT YOUR WILL?
Marriage can cause complications for existing Wills.
If a person marries after making a Will, it will be revoked. Some exceptions apply, including:
- gifts in the Will from a person to a spouse who they marry;
- an appointment as executor or whom the testator is married to at the time of his or her death.
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, it is important that you draft your Will in contemplate of marriage to prevent possibility of a will dispute in the future. 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. Matthews Folbigg Lawyers has a specialist team of will lawyers who are experts in the field of estate planning.
For assistance, please contact one of our specialist Will Lawyers at Matthews Folbigg on 9635 7966.
