Marriage and divorce can affect validity of Wills

Many people are unaware that marriage automatically revokes any Will made beforehand. This means that if you marry, a previously signed Will may no longer protect your wishes.

To ensure your estate planning remains valid, you should always make a new Will either:

• after your marriage, or

• before your marriage, including a clause that clearly states your Will is intended to remain valid despite your future marriage.

Similarly, divorce can also affect the validity of your existing Will. A Will made before your divorce may no longer reflect your intentions—or may no longer be legally effective.

If you are divorcing, or planning to divorce, you should make a new Will either:

• after the divorce is finalised, or

• before the divorce, including a clause confirming your Will remains valid even if you later divorce.

It is especially important to review your Will where children are involved. Parents should ensure guardians are properly appointed for their children in the event of separation, divorce, or the passing of a parent while children are still minors.

You should also revisit any appointments of Financial Attorneys or Medical Treatment Decision Makers if separation or divorce occurs, as these roles may need updating.

If you have any questions about creating or updating your Will, or if you would like to consult with a Wills & Estates Accredited Specialist, please email us.

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