Marriage
In New South Wales, under the Succession Act, when you legally marry someone that act revokes any will previous to your marriage unless:
1. the will makes provision for that marriage; and
2. the will provides for a gift to the person to whom the testator is married at the time of death.
If your will does not conform to the above, then you are considered to have died without a will this is termed intestate. The Succession Act then determines how your estate will be distributed. Your spouse or de facto is the first person entitled to your estate. They will usually be granted the majority of your estate then your children, your parents and your siblings etc.
Separation
If you have separated from your spouse you should consider the terms of your will. Separation has no effect upon the validity of your will and your wishes may have changed since drafting and in your new circumstances, you may need to change the executor or your beneficiaries.
Divorce
Divorce does not revoke a will however divorce has the following effect upon your will:
1. Any gift to your former spouse at the time of the divorce will consider that spouse to have died before you;
2. Any appointment of the former spouse as trustee, executor or guardian made by your will, will be revoked; and
3. If your former spouse is appointed trustee for property exclusively for the benefit of the children of both parties, that trust will survive the revocation.
Whilst this is a brief outline of the provisions of the Succession Act attention to redrafting your will upon changing marital status must be undertaken to ensure your estate is given to your choice of beneficiary. With our wide experience in both family and succession matters, we are able to assist you to ensure your wishes are properly expressed. We will ensure your property is left to the persons of your choice and minimise any challenges to your will by the Family Provisions section of the Succession Act.
Going through a divorce and drafting a will can be a difficult experience especially to protect your property and provide for your loved ones. This is especially important with blended families. If your marriage has fallen apart, or need or draft your will, we can assist you in navigating the processes in order to obtain the best outcome possible to protect your property. Our extensive family law and succession law experience allows us to take the time to listen to your concerns and work with you, to determine the best way forward. If I can be of service to assist you or anyone you know, please contact me.
Jeffrey
0419 233 670
[email protected]
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ps. I am available to discuss legal matters either in my office or by Zoom conference; please note that notary services must be undertaken in person.
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