Wills for the Newly Married

Wills for the newly married

Robert and Anne

Robert and Anne have just tied the knot after having lived together for 5 years. They own a home in Merewether which is mortgaged, both have substantial interests in their superannuation funds and have a beloved pet Pug, named Fred. They do not wish to have children. Both had Wills before they were married which were quite dated and did not make provision for each other.

Robert overheard a colleague talking about how marriage revokes a will and decided he needed to seek legal advice.

The Will

Robert and Anne met with our Senior Estate Planning Solicitor, Conrad Curry. Conrad explained that unless a Will is specifically stated to have been made in contemplation of marriage before the marriage takes place, marriage will cause a Will to become invalid.

They were advised that if they died without a Will, under the Succession Act they would each benefit from the other’s estate. The difficulty arose as to who would benefit after the last of them passed away. They did not want their parents to benefit as both sets were well off and did not need the money.

They made new Wills appointing each other as executors in the first instance and Robert’s brother as substitute executor. They left their estate to each other and after the death of the last of them to their siblings, half between Robert’s brothers and sisters and half between Ann’s two sisters.

They nominated Anne’s younger sister, Melanie, to care for Fred, and gave her $15,000 for the costs associated with looking after him.

Robert and Anne are now satisfied that their estate planning is in place and most importantly their beloved pet would be loved and cared for.

We offer a range of plans to suit Wills for married couples and those in other circumstances. You can explore these options here.