When your relationship changes, what happens to your Will?

Estate Administration
Jun 14 2022
Married? Separated? Somewhere in between? Your relationship status changes the validity, or otherwise, of your Will. So too does the death of a former partner. Read on to find out what you need to do, and when, to ensure you protect your assets.
Defacto

Entering into a new relationship (not formalised by marriage) does not have any effect on your Will. However, over time your partner may develop rights to some of your assets. If you have a Will that does not acknowledge your defacto partner, this could be challenged after your death. Updating your Will (along with considering appropriate relationship property arrangements), is sensible whether you decide to get married or not.

Marriage or Civil Union

The law assumes that any Will you make prior to marrying or entering a civil union is no longer suitable after marriage/civil union. Therefore, your Will is automatically revoked by the Wills Act.

This of course, ignores the reality that the majority of relationships start on a defacto (unmarried) basis for quite some time. Despite this somewhat backwards assumption, this means you need to do a new Will once you are married or in a civil union.

However, as with every rule there is always an exception. If your Will is prepared in contemplation of marriage or a civil union then you do not need a new Will – it continues to be valid after you enter the marriage/civil union contemplated.

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