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The Importance of Drafting Your Will Upon Marriage

Associate,  Emma Catterall discusses the legal considerations and best practices of drafting a Will upon marriage.

Legal Framework in Western Australia

In Western Australia, the laws governing Wills and estates are outlined in the Wills Act 1970 (WA) and the Administration Act 1903 (WA). These laws provide a framework for how your assets will be distributed upon your death. Without a valid Will, your estate will be subject to intestacy laws, which may not align with your wishes. Pursuant to the Wills Act 1970 (WA) your Will is revoked by marriage or divorce unless this was contemplated in the Will by inclusion of an appropriate contemplation clause. If you have a Will that does not include a contemplation clause or does not include an adequate contemplation clause your Will will be revoked upon marriage and your estate will be distributed in accordance with the Administration Act 1903 (WA).