How marriage affects a will

Many Australians are unaware that a marriage revokes any previous will. About 40% of all marriages take place over summer, so now is an ideal time to look at how marriage impacts a will.

With about 48% of divorces involving children, 130 people remarrying every day and 6538 same-sex marriages every year, the revocation of wills upon marriage is a crucial issue.

For example, Edward and Mary, while dating, make wills. Both were previously married; Mary has two adult children, Edward has none. Both own significant assets in their own right and own a house together. Mary leaves her property to her two children; Edward leaves his to his sister’s three children. They agree that the surviving partner would live in the house they own together. Upon the survivor’s death the house would be sold and the proceeds split between the two families. Three years later they marry, but Edward dies two years later.

Edward is deemed to have died intestate so Mary inherits 100% of his estate. Edward’s sister’s kids miss out completely. Neil Scott, principal lawyer, Antcliffe Scott