Section 12(1) of the Succession Act 2006 (NSW) (‘the Act’) states that a Will is revoked by marriage. Although Section 12(2) of the Act allows for some provisions contained in your Will not to be revoked by marriage, it is possible that your estate may not be distributed in accordance with your wishes in these instances.
What should you do if you are in a relationship and marriage is a possibility in the future, but wish to make a Will?
If marriage to your current partner is a possibility, you may consider making your Will in ‘contemplation of marriage’. If your Will is prepared on this basis, then marriage will not revoke your Will.
When considering your estate planning, it is important to give thought as to how your life may change over the coming years and how you wish for your estate to be distributed should your circumstances change. It is important to discuss your current circumstances and future plans with your solicitor, to enable your estate planning documents to reflect your circumstances.
Please contact our Wills and Estates team at Mullane & Lindsay if you would like to discuss your estate planning.
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