Did You Know: Marriage Cancels a Will? What South Australians Must Know

Marriage is a significant milestone, but it can also have unexpected legal consequences—especially for your estate planning. Many South Australians are unaware that, under the Succession Act 2023 (SA), marriage generally cancels (revokes) any will made before the marriage, unless specific steps are taken. This article explains what this means for individuals and families, and outlines the actions you should consider to protect your wishes.

How Does Marriage Affect Your Will in South Australia?

Under the Succession Act 2023 (SA) in most cases:

• Marriage automatically revokes a will made before the marriage, unless the will was made in contemplation of that specific marriage.

• If your will is revoked and you pass away without making a new one, your estate will be distributed according to the rules of intestacy, which may not reflect your wishes.

  
  

Key Points to Remember

• Wills made before marriage are generally invalid after marriage.

• You can make a will "in contemplation of marriage" to ensure it remains valid.

• If you remarry, your previous will is also likely to be revoked.

  
  

Why Does the Law Cancel Wills Upon Marriage?

The rationale behind this rule is to protect the rights of a new spouse and ensure that your estate is distributed fairly. However, this can create unintended consequences, particularly for:

• Blended families

• Individuals with children from previous relationships

• Small business owners with specific succession plans

  
  

What Should You Do After Getting Married?

To ensure your estate is managed according to your wishes, consider the following steps:

• Review your will immediately after marriage.

• If you do not have a will, create one as soon as possible.

• If you want your will to remain valid after marriage, ensure it is made "in contemplation of marriage" and clearly states this intention.

• Update your will after any significant life event, such as marriage, divorce, or the birth of a child.

  
  

Common Questions About Marriage and Wills in South Australia

Does marriage automatically cancel my will in South Australia?

Yes, unless your will was made in contemplation of your marriage and expressly states this, marriage will revoke your existing will.

Can I prevent my will from being cancelled by marriage?

Yes. You can make a will "in contemplation of marriage" by specifying your intention to marry a particular person. This ensures your will remains valid after the marriage.

What happens if I die without updating my will after marriage?

If your will is revoked by marriage and you do not make a new one, your estate will be distributed according to the intestacy rules under the Succession Act 2023 (SA). This may not align with your wishes and can lead to disputes among family members.

Does remarriage affect my will?

Yes. Each new marriage generally revokes any previous will, unless the will was made in contemplation of that specific marriage.

Examples and Scenarios

• Blended Families: If you have children from a previous relationship and remarry without updating your will, your children may not receive the inheritance you intended.

• Small Business Owners: If your will includes business succession plans, marriage can revoke these arrangements, potentially leaving your business interests unprotected.

  
  

Practical Steps for Newlyweds

• Make a new will as soon as possible after marriage.

• Clearly state if your will is made in contemplation of marriage.

• Review your estate plan regularly, especially after major life events.

• Seek professional legal advice to ensure your wishes are properly documented and legally valid.

  
  

Frequently Asked Questions (FAQ)

Q: Is my will still valid after I get married in South Australia?

A: Generally, no. Marriage revokes a will unless it was made in contemplation of that marriage.

Q: What does "in contemplation of marriage" mean?

A: It means your will specifically states it is made in anticipation of marrying a particular person, ensuring it remains valid after the marriage.

Q: What if I separate but do not divorce?

A: Separation does not revoke a will. Only marriage or divorce (in certain circumstances) affects the validity of a will.

Q: How do I update my will after marriage?

A: You should consult a solicitor to draft a new will that reflects your current wishes and circumstances.

Protect Your Legacy—Contact Our Adelaide Estate Planning Team

Marriage is a time of new beginnings. Ensure your estate plan keeps pace with your life changes. Our experienced Adelaide lawyers can help you review, update, or create a will that reflects your wishes and complies with the Succession Act 2023 (SA).

Contact us today to safeguard your legacy and provide peace of mind for you and your loved ones. Complimentary Will Review: You can book a complimentary no-obligation telephone Will Review or Enquiry today to see whether updating your Will is recommended.

This article is for general information only and is not a substitute for legal advice. For advice specific to your situation, please contact our office.