Updating your will after marriage

Marriage generally revokes a will made before the marriage, unless the will was made in contemplation of that specific marriage. If you've recently married and your old will is still in your drawer, that will likely no longer applies.

The rule: marriage revokes the will

Under section 20A of the Wills Act 1936 (SA), a will is revoked by the testator's marriage. The effect is that the old will no longer operates – your estate would be distributed as if you had no will at all (intestacy).

The exception: in contemplation of marriage

If the will was made in contemplation of the marriage to that specific person, it isn't revoked. The will must usually say so explicitly – a clause like ‘I make this will in contemplation of my forthcoming marriage to [name]’.

Why this matters

Without an updated will after marriage, your estate passes by intestacy rules. In SA, the intestacy rules mean:

• Your spouse usually receives the first $100,000 plus personal effects
• The balance is split between your spouse and children, if any
• If no children, your spouse receives everything
• If no spouse or children, the estate passes to parents, siblings, nephews, and more distant relatives

This often doesn't match what people actually want – particularly in blended families or when specific gifts were intended.

What to include in the new will

Revised beneficiaries

Your new spouse, and any children (including step-children you want to provide for), should appear in the new will. Specific gifts from the old will can be preserved where relevant.

Executor appointment

Many people update the executor at the same time. A spouse is a common choice, often with an adult child as substitute.

Blended family provisions

If you have children from a prior relationship and are marrying again, the new will needs to balance the interests of your new spouse and your biological children. Rights of residence, testamentary trusts, and specific gifts are all tools we use.

Superannuation alignment

Your super beneficiary nominations should align with the new will. Marriage is a common trigger for updating binding death benefit nominations.

Timing

Ideally, update the will in the weeks after marriage. In practice, many couples wait months or years – which creates risk during that period. Sam can often turn around an updated post-marriage will in 2-3 weeks.

Summary

Marriage is a will-revoking event in SA. A new will after marriage is essential unless the prior will was specifically drafted in contemplation of that marriage. A post-marriage review takes a couple of weeks and usually costs less than the consequences of dying without a valid will.

Talk to Sam about your situation

If this article raised questions for your own circumstances, Sam Michele offers free 20-minute initial consultations. Learn more about our wills service, or book a consultation.

Related reading

• Updating your will after divorce
• How often should you update your will?
• Wills – our approach