Each year in Australia, tens of thousands of people get married or divorced — but few realise how deeply these life events can affect their legal affairs. A crucial, often overlooked question arises: Does marriage invalidate a will in Australia? And what about divorce?
If you’re unsure how your current relationship status affects your will, you’re not alone. Many Australians remain unaware of the marriage and divorce impact on wills in Australia, only to find out when it’s too late. At Legal Finda, we’re here to help you understand what these changes mean for your estate and how to act now to protect your legacy.
Understanding the Marriage and Divorce Impact on Wills in Australia
When it comes to wills, both marriage and divorce can dramatically reshape your legal rights and responsibilities. That’s why it's essential to know the facts, especially if you're in the 30–55 age group and have property, children, or a blended family.
Let’s break it down.
Does Marriage Invalidate a Will in Australia?
The short answer: Yes, marriage can invalidate a will in Australia — unless that will was created in contemplation of marriage.
Most states and territories have clear legislation that automatically revokes an existing will when you marry. That means if your will doesn’t contain a specific clause acknowledging your upcoming marriage, it’s no longer valid.
This legal mechanism is designed to reflect your changed personal circumstances. However, it also creates a gap that can leave your estate exposed — unless you take steps to update your documents.
Is My Will Still Valid After Marriage?
In most cases, no — your will is no longer valid after marriage, unless it was written with your future spouse in mind.
This is a common scenario: Sam writes a will in 2020, then marries in 2023. His will says nothing about “contemplation of marriage,” so when he passes away unexpectedly in 2024, it’s legally revoked. Now, his estate is distributed under intestacy rules — regardless of his original wishes.
Understanding how marriage affects a will in Australia is crucial. If you’ve tied the knot, even recently, it’s time to check whether your will is still legally sound.
Do I Need a New Will After Getting Married?
Absolutely. If your existing will has been invalidated by marriage, you need to create a new one that reflects:
- Your current family structure
- Updated beneficiaries
- Any property or financial changes
- Guardianship plans for your children (if relevant)
Updating your will is not just about paperwork — it’s about securing your loved ones' futures. Do I need a new will after getting married? Yes, and the sooner you do it, the better.
At Legal Finda, we often assist clients in drafting new wills in contemplation of marriage before they walk down the aisle, ensuring the document remains valid afterward.
What Happens If You Don’t Update Your Will?
Failing to act on the marriage and divorce impact on wills in Australia can lead to:
- Legal confusion and disputes among your family
- Delays in settling your estate
- Someone you didn’t intend receiving your assets
- Loved ones being unintentionally excluded
These risks are especially high in blended families, second marriages, or when children from a previous relationship are involved. If your will is outdated, it may not reflect your current intentions — and the law won’t assume your wishes.
Updating Your Will After Marriage in Australia: What You Need to Know
If you’ve recently married, here are a few important steps to take:
- Review Your Current Will: Even if you think it’s up-to-date, check whether it includes a contemplation of marriage clause.
- Speak to a Legal Expert: Through Legal Finda, you can connect with experienced estate planning lawyers across Australia who specialise in family law and wills.
- Draft a New Will: Make sure it reflects your new circumstances, including changes in beneficiaries, executors, or property.
- Consider Other Documents: Update your superannuation nominations, power of attorney, and insurance policies too.
Taking the time now to update your will after marriage in Australia is far easier than leaving your family to deal with complex issues later.
The Role of Divorce: How Does It Affect a Will?
While marriage invalidates a will, divorce does not. Instead, it modifies how parts of the will are interpreted. Here's what typically happens:
- Any gifts to your ex-spouse are revoked.
- Any appointment of your ex-spouse as executor or trustee is void.
However, the rest of the will stays in effect, which can create legal ambiguity — especially if other family members aren’t listed clearly.
Understanding the marriage and divorce impact on wills in Australia ensures your will isn’t only legally valid but functionally effective.
Common Scenarios Where Wills Go Wrong
Let’s explore a couple of real-world examples:
- Case 1: Jane marries in 2022 but forgets to update her 2015 will. She passes away in 2023. Her old will is revoked, and her estate is distributed under intestacy laws. Her children receive less than intended.
- Case 2: Daniel divorces in 2021 but never updates his will. His ex-wife is removed from the document by law, but no alternate executor is named. The estate enters probate, delaying access for his children.
Both of these situations highlight why it’s critical to consider the marriage and divorce impact on wills in Australia and act proactively.
When Should You Review Your Will?
Here’s a rule of thumb: review your will every 3–5 years or during any of the following life changes:
- Getting married or entering a de facto relationship
- Getting separated or divorced
- Having a child or grandchild
- Purchasing or selling property
- Losing a loved one
- Receiving an inheritance
Life changes. So should your will.
Legal Finda: Simplifying Wills and Estate Planning in Australia
At Legal Finda, we know that navigating wills, marriage, and divorce can feel overwhelming — especially when emotions and family matters are involved. That’s why we’ve made it easier than ever to connect with verified legal professionals who understand the unique landscape of estate law in Australia.
Whether you’re getting married, ending a marriage, or just need peace of mind, our lawyers help you stay compliant, covered, and confident.
With Legal Finda, you're not just writing a will — you're protecting your future.
Conclusion: Don’t Let a Marriage or Divorce Undo Your Legacy
To wrap up: Does marriage invalidate a will in Australia? In most cases, yes. And divorce doesn’t cancel a will — but it does change how it works.
Failing to update your will can leave your family in legal limbo. The safest, simplest solution? Stay ahead of life’s changes by reviewing and revising your estate plan regularly.
Understanding the marriage and divorce impact on wills in Australia is the first step. The second step? Taking action.
- Review your existing will
- Create a new will after marriage
- Consult a lawyer through Legal Finda today
Your future deserves protection. Legal Finda makes it easy.
