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ARTICLE · 20 OCTOBER 2021

Does marriage or divorce automatically revoke a will?

Does your marriage, separation or divorce affect your will? How your assets are divided if you die intestate?

AustraliaFamily and Matrimonial

Did you know if you were to get married and then die soon afterwards, the fact of your marriage could revoke a will you had written earlier? The law would deem you to have died intestate, which means you died without leaving a valid will.

Your will would be revoked under conditions included in section 12 of the NSW Succession Act. This may not reflect your wishes for how your estate should be divided.

Why you need to review your will before you marry

Once you decide to marry, it is a good idea to redraw your will. There may be a whole set of new factors to consider once you are married, and not just regarding your spouse.

What about children from a previous marriage, or siblings you may have in your will who you no longer feel the need to support?

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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