Hitched: Intestacy after Marriage- S04E01 – Adrian Corbould Wills & Estates

Transcript

You may now kiss the bride and sign your Will. Effect of marriage on a Will. Hello, I’m Adrian Corbould, Accredited Specialist in Wills and Estates at Turnbull Hill Lawyers with Battle of Wills, where I discuss contested estates and Wills generally.

Marriage is a pretty big deal, relatively easy to get into, not so much to get out of. Positive effects of a good marriage are reported to include increased general health, less risky behaviour and longevity.

However, a little-known fact is what the act of marriage, not a de facto relationship, has on one’s estate. The key takeaway in this video is marriage revokes your Will.

So, if you have a Will and you get married, that Will you have, or had, is now revoked. It ceases to be in all effects.

It does not matter if that Will was made years ago or the day before the marriage, it is now revoked.

You are, the second you became married, intestate, meaning you have no Will.

The only exception is if your earlier Will includes a specific clause that it was made in contemplation of marriage, I.e. you wrote that thinking of getting married.

Only in that instance is the will not revoked. However, such Wills are rare as it requires foresight of marriage. How does this affect things?

It means whatever your last Will said is now void. The gift of your ’64 Ford Mustang to your brother?

Gone.

That $10,000, legacy to your favourite animal charity?

Eliminated.

You are now intestate, and the laws of intestacy apply, which we’ve discussed in other videos, until you make a new Will.

So, if you get married or you know someone who is going to get married, take away the hassle of intestacy by making a new Will, or if it’s someone else, suggest they make one. That’s all for now. Talk again next time.