What is normally on your to-do list when preparing for a wedding? Rings, dress, reception, cake and champagne to name a few. Have you considered though that you should be adding either a review of your Will or making a Will.
If you already have a Will, you may not be aware that under section 13(1) of the Wills Act 1997, your Will is cancelled or revoked upon marriage. There is an exception to this however – where you have made your Will in contemplation of marriage.
In Victoria, sections 13(3)(a) and (b) of the Wills Act 1997 states that despite the rule that a marriage revokes a will:
- A will made in contemplation of a marriage (whether or not that contemplation is expressed in the will) is not revoked by the solemnisation of the marriage contemplated; and
- A will which is expressed to be made in contemplation of marriage generally is not revoked by the marriage of the testator.
For a Will made in contemplation to be valid, two conditions need to be met. First, the willmaker must have been expecting to be married to a particular person at the time the Will is made. It is not sufficient that you expect to marry someone in general. This requirement is usually met through describing the person in your Will as your fiancée.
The second condition is that the Will needs to make it clear that it is not to be revoked or cancelled by your marriage.
Of course should you not end up marrying your named fiancée and marry another, that marriage will revoke your Will.
For those who are preparing their vows ready for their wedding day, please take the time to consider your Will or if you do not have one, consider making one in contemplation of your marriage. At Nevett Ford we can assist you with all of your Will and Estate Planning needs and you can contact us on 03 9614 7111 or email at melbourne@nevettford.com.au.