What Happens to Your Will When You Get Married?
When planning your future with a partner, estate planning might not be at the top of your to-do list, but it absolutely should be. One crucial legal fact many people are surprised to learn is that in Queensland, your Will is automatically revoked when you get married. That means if you already had a valid Will in place before your wedding day, it is no longer effective unless it specifically includes a clause made “in contemplation of marriage.”
Marriage Automatically Revokes a Will
Under the Succession Act 1981 (Qld), the act of legally marrying someone revokes any previous Will, unless the Will expressly states it was made in contemplation of that specific marriage. This can leave many people unintentionally without a valid Will, something especially risky if you or your spouse have children from previous relationships or specific asset arrangements.
This automatic revocation does not require any formal cancellation. It happens by operation of law, and unfortunately, DIY will kits and online platforms don’t often warn users about this important consequence.
Why This Legal Rule Exists
This rule exists because marriage changes your legal and financial status. Once you have a legal spouse, that person becomes the highest-priority beneficiary under the laws of intestacy, meaning if you die without a valid Will, your spouse will be entitled to administer your estate and receive most or all of your assets (depending on whether you also have children).
This structure is meant to protect spouses, but it can cause problems if your wishes are more complex or involve distributing assets to others, including children, parents, or charities.
Contemplation of Marriage Clauses: An Exception
If you’re engaged and thinking ahead, there’s a solution: a Will made in contemplation of marriage. This type of Will includes a clause that states it was made while anticipating your upcoming wedding and is therefore not revoked when the marriage occurs.
This is particularly useful for couples with upcoming wedding dates who want to secure their estate plan in advance whether due to travel, family obligations, or shared assets. Including a contemplation clause ensures your Will remains valid post-marriage.
Why You Should Revisit Your Estate Plan After Marriage
Marriage is also an excellent time to review your broader estate planning needs. You may now jointly own property, have merged financial accounts, or want to provide for children from previous relationships. A professionally drafted Will can address:
Specific asset distributions
Guardianship plans for children
Creation of testamentary trusts
Superannuation beneficiary nominations
Property title updates (e.g. transferring to joint tenants for stamp duty exemptions)
For example, in Queensland, spouses can transfer property into joint names without incurring stamp duty, if done correctly. A solicitor can help you assess whether this applies to your situation and guide you through any updates to property titles, particularly where there are name changes or ownership adjustments.
Your Will Should Evolve With Your Life
Estate planning isn’t a one-time task. Life events—marriage, divorce, children, new assets require updates to your legal documents. For newlyweds, the Will you created as a single person likely doesn’t reflect your new priorities, obligations, or financial realities.
It’s also important to plan for what happens if both spouses pass away. Couples often wish to ensure that certain assets or family heirlooms are returned to their respective families, particularly in blended family situations. These intentions need to be clearly documented in a Will to avoid disputes or uncertainty.
Planning Ahead for Children and Guardianship
If you’re married and planning to have children, that’s another compelling reason to create or revisit your Will. Choosing guardians for minor children, setting up trusts, and making sure your assets are protected for their benefit are all essential parts of a comprehensive estate plan. And as your family grows and your children age, your Will should be reviewed every three to five years to ensure it remains current and relevant.
Key Takeaway
Marriage changes everything including the legal status of your Will. If you’ve recently gotten married or are planning to tie the knot, make sure your estate plan reflects this significant life event. Whether you’re blending families, acquiring new assets, or simply want peace of mind, a professionally prepared Will ensures that your wishes are honoured and your loved ones are protected.
Need to update your Will after marriage? Book a free consultation with Lidia Vicca and take the next step in safeguarding your future.