Does marriage or divorce affect a will?
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Does marriage or divorce affect a will?
Marriage and divorce can have significant legal effects on your will in Australia. This guide explains how major relationship changes may impact your existing will and what you should know about protecting your wishes.
How does marriage and divorce affect your will in Australia?
Your personal circumstances change throughout your life, and these changes can have significant legal implications for your estate planning. Understanding how major life events impact your will is important for ensuring your wishes are carried out as you intend.
When you marry, the law in Australia automatically revokes your existing will. This means that any will made before your marriage becomes invalid, even if you want the same arrangements to continue. This rule exists to prevent situations where a person marries but their old will, which may not account for their new spouse, is still legally binding.
Similarly, divorce and separation also affect your will. When a divorce is finalised, any provision in your will that benefits your ex-spouse is automatically revoked. However, the rest of your will remains valid. This protects you from accidentally leaving assets to someone you no longer wish to benefit.
The effect of marriage on will validity can be unexpected if you're not aware of the rules. For this reason, many people don't realise their will is no longer valid after they marry. Understanding the legal relationship between marriage and wills, as well as the connection between divorce and wills, helps you maintain effective estate planning.
If you're going through separation and wills, or considering how to update will after divorce, it's important to act promptly. Property settlement arrangements during separation may also affect what you want to include in your will.
Key points
Marriage automatically revokes your entire will, unless it was made in contemplation of that specific marriage
Divorce revokes any provisions in your will that benefit your ex-spouse, but the rest of the will remains valid
Separation doesn't automatically revoke your will, but you may wish to update it to reflect your changed circumstances
Significant life changes should prompt a review of your estate planning
It's important to make a new will promptly after marriage or divorce to ensure your current wishes are documented
Common situations
Life events that trigger changes to your will are more common than you might think. Understanding when and why you need to act can help you avoid complications later.
You may need to consider updating your will if:
You've recently married and your previous will is no longer valid
Your marriage has ended and you want to remove your ex-partner from your beneficiaries
You've separated and are working through a property settlement that may affect what you own
You're in a blended families situation and want to clarify who receives your assets
You've acquired significant new assets since your last will was made
Your family circumstances have changed in other ways (birth of children, caring responsibilities)
You want to ensure your estate reflects your current priorities and relationships
If a will is not updated after major life events, disputes can arise. For example, if you marry and don't make a new will, your entire previous will is revoked, meaning you may die intestate (without a valid will). This can lead to complications, delays in administering your estate, and potential family conflict over who should inherit.
Similarly, if you leave your ex-spouse in your will after divorce without realising the relevant provisions are automatically revoked, confusion may arise during estate administration.
What to consider
How much time has passed since your last will was made
Whether your assets and debts have changed significantly
Whether you're in a blended families situation that requires careful consideration
What valid will requirements you need to meet when making a new will
Whether your life circumstances have altered your wishes about beneficiaries, guardians, or executors
The cost and complexity of updating your will versus making a new one
Whether you need professional guidance to ensure the process is done correctly
What you can do next and how LawConnect can help
If you're navigating changes to your will following a major life event, these steps may help you move forward:
Take time to identify and list your current assets and liabilities, including any recent acquisitions
Think about who you want to benefit from your estate and whether this has changed
Consider whether you're in a blended families situation that requires special attention
Review the valid will requirements to ensure any new will you make meets legal standards
Decide whether to update your existing will (if possible) or create a new one
Consider appointing an executor or updating your choice of executor
Determine whether you want to use an online will service or seek professional assistance
Take action promptly, especially after marriage or divorce, to ensure your wishes are documented
How LawConnect can help
Questions about how marriage and divorce affect your will can feel overwhelming, particularly if you're also managing other aspects of separation or a relationship change. Many people are unsure whether their existing will is still valid or what steps they need to take next.
LawConnect provides personalised legal information through our AI legal assistant. You can explore questions about your specific situation and receive general guidance tailored to your circumstances. Our AI assistant helps you understand the legal landscape and the range of options that may be available to you.
If your situation is complex or you'd prefer tailored legal advice about your particular estate planning needs, we can connect you with licensed lawyers who specialise in wills and estate law. Only a licensed lawyer can provide legal advice specific to your circumstances and help you make decisions with confidence.
Starting with our AI assistant is a helpful first step to clarify your thinking. If you then decide you need professional support, we're here to help you find the right lawyer for your needs.
Not sure what to ask?
Try one of these questions to get started.
Marriage and divorce will FAQs
Yes, marriage automatically revokes a will in Australia under the Succession Act. This means your existing will becomes invalid when you marry, even if you intended to keep it. After marriage, you should create a new will to ensure your assets are distributed according to your current wishes. If you die without updating your will after marriage, the laws of intestacy will apply instead.
Divorce does not automatically revoke a will in Australia, but it does affect it. Any provisions naming your ex-spouse as a beneficiary or executor are generally treated as if they never existed. However, other parts of your will remain valid. It is strongly recommended to update your will after divorce to clearly reflect your wishes and avoid confusion or disputes.
Yes, it is advisable to update your will after separation, even before the divorce is finalised. Although the final divorce may affect your existing will's provisions regarding your ex-spouse, separation often involves significant changes to your circumstances and wishes. Updating your will during separation helps ensure clarity and reflects your current intentions for your estate.
Yes, remarriage automatically revokes your previous will in Australia. This means your current will is no longer valid once you marry again. You should create a new will after remarriage to ensure your estate is distributed according to your wishes. Failing to do so may result in your estate being divided under intestacy laws rather than according to your intentions.