Family Law

What effect does marriage have on a will?

Published in: August 2016

Generally speaking, when a person gets married, any will made before the marriage will be revoked. However, wills made before a marriage that anticipates the marriage will generally be valid.

Again, it’s always a good idea that a person has a will. However, it is equally as important to create a new will after the marriage to ensure that a person’s intentions are fulfilled in the event of death because if there is no will, a person dying intestate may result in a number of issues for the surviving spouse.

The intestacy rules may differ between the jurisdictions but generally speaking, the surviving spouse may need to make an application to the Supreme Court for letters of administration and to be appointed as the executor. However, all jurisdictions grant entitlements to spouses in the case of intestacy.

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