If you get married in Western Australia, your existing Will is generally revoked by the marriage unless an exception applies. This means that if you made a Will before your wedding, it is important to understand whether it remains valid – and what you need to do next.
Getting married is one of the most significant moments in a person’s life. It is also one of the most significant legal events.
Most people know that marriage changes their personal circumstances. What far fewer people know is that in Western Australia, getting married automatically revokes any existing Will.
Unless an exception applies, the revocation is automatic and complete. If you made a Will before your wedding and haven’t updated it since, that Will is no longer legally effective. If something were to happen to you, your estate would be treated as though you had never made a Will at all – instead, your estate would be distributed according to intestate laws.
It is a detail that catches a lot of people off guard. And it is one worth understanding before it becomes relevant.
The Short Answer: Does Marriage Revoke Your Will in WA?
Generally, yes. Under the Wills Act 1970 (WA), a Will is automatically revoked by marriage unless an exception – including where that Will was made in contemplation of the marriage and clearly states that intention – applies.
Why does marriage revoke a Will in Western Australia?
Under the Wills Act 1970 (WA), marriage automatically revokes a Will unless that Will was made in contemplation of the marriage and clearly states that intention.
The reasoning behind this rule is that marriage represents a significant change in a person’s circumstances and relationships. The law assumes that a Will made before marriage may no longer reflect the testator’s wishes after it.
The practical effect, however, is that many people who have taken the time to prepare a Will find themselves without one, simply because they got married and didn’t realise they needed to start again.
If you die without a valid Will, you are said to have died intestate. In Western Australia, the Administration Act 1903 (WA) sets out how your estate will be distributed in those circumstances. That distribution may not reflect your wishes, and it may not protect the people you intended to provide for.
What about a Will made in contemplation of marriage?
It is possible to make a Will that survives marriage, but the circumstances in which this applies are specific.
A Will may remain effective provided it is made in contemplation of a specific upcoming marriage and clearly expresses that intention, or if there is other evidence to establish that it was made in contemplation of that marriage.
This is not something that happens by accident. It requires deliberate drafting and specific language. A standard Will prepared before an engagement, or even during one, will not automatically qualify unless it has been carefully prepared with this in mind.
If you are engaged and want to put an estate plan in place before your wedding, this is absolutely worth discussing with a lawyer before you proceedso that your Will is appropriately prepared for your specific circumstances.
Claire’s Story: What This Can Look Like in Real Life
Claire had done everything right.
She had worked hard, built a career, and before her wedding, she had even taken the time to get her Will sorted. She had thought carefully about who she wanted as her executor. She had made considered decisions about how she wanted her estate to pass. She had written it all down.
She felt organised. Prepared. Ahead of the game.
What nobody told her was that the moment she said “I do,” everything she had carefully put in place was voided. Automatically. By law.
Her story is fictional, but it reflects a situation we see regularly. And the legal consequences are very real.
A year into her marriage, Claire was unexpectedly hospitalised.
In addition to not having an updated Will, she also hadn’t made an Enduring Power of Attorney in her husband’s name. This meant that while she was in hospital, he had no automatic legal authority to manage her financial affairs on her behalf.
They were married. But on paper, he had no formal power to act when it came to her finances.
It is a situation that can create very real practical difficulties, particularly where bills need to be paid, accounts need to be accessed, or financial decisions need to be made urgently.
Claire recovered. But the experience left her shaken and very aware of how much had been left unaddressed.
She hadn’t done anything wrong. She simply hadn’t known.
Marriage affects more than your Will
Getting married is a useful prompt for reviewing your broader estate plan – not just your Will.
Depending on your circumstances, you may also consider reviewing your other estate planning arrangements, including your Superannuation Death Benefit Nominations, Enduring Powers of Guardianship, and Enduring Powers of Attorney.
What is an Enduring Power of Attorney and why does it matter after marriage?
An Enduring Power of Attorney is a legal document that authorises someone you trust to manage your financial and legal affairs on your behalf, either immediately or in the event that you lose capacity.
Unlike a Will, an Enduring Power of Attorney is not automatically revoked by marriage. If you made one before your wedding, it remains valid after it.
However, if you made an Enduring Power of Attorney before you were married and appointed someone other than your spouse, it is worth reviewing whether that document still reflects your wishes. Circumstances change, and the person you trusted with that authority before your marriage may not be the person you would choose today.
And if you do not yet have an Enduring Power of Attorney in place at all, marriage is a good prompt to put one in place. Without it, your spouse has no automatic legal authority to manage your financial affairs if you are incapacitated, regardless of your relationship.
Marriage does not automatically give a spouse legal authority over your financial affairs. That is one of the most commonly overlooked aspects of estate planning after marriage, and one of the most important.
Recently married? Here’s what to do next
If you have recently married, or are about to, there are a few things worth considering.
These are the five things we recommend you consider next:
1. Check Your Will
If you made a Will before your marriage, it has most likely been revoked, in which case you will need to make a new one.
2. Review Your Enduring Power of Attorney
If you do not yet have an Enduring Power of Attorney in place for your spouse or partner, now is a good time to put one in place. And if you do have one from before your marriage, it is worth reviewing whether it still reflects your wishes.
3. Review Your Superannuation Nominations
Ensure that your Superannuation Death Benefit Nominations reflect your current circumstances.
4. Review Your Assets
Carefully consider and review your current property, business, trusts, and any other significant assets, and the ownership structures for each of these.
5. Review Your Estate Plan As a Whole
Marriage is a good opportunity to ensure your estate planning documents work together to reflect your current wishes and provide you peace of mind. Particularly if your circumstances have changed in other ways recently – for example, if you have acquired new assets, started a business, or have dependents to consider, those changes are also worth factoring into your estate plan.
You do not need to have everything worked out before reaching out to a lawyer. A good estate planning conversation starts with where you are now and works forward from there.
What if you are about to get married and want to plan ahead?
If you are engaged and want to have your estate plan in order before your wedding, there are options available to you.
A Will can be drafted in contemplation of your upcoming marriage so that it remains valid after the ceremony. Your lawyer can also help you put Enduring Powers of Attorney in place and ensure your broader estate plan reflects your intentions.
Getting advice before your wedding, rather than after, means you can start your marriage with everything already in order.
Frequently asked questions
Does getting married automatically revoke my Will in Western Australia?
Yes. Under the Wills Act 1970 (WA), marriage automatically revokes an existing Will unless it was made in contemplation of that specific marriage and clearly states that intention.
What happens if I die without a valid Will after getting married?
You will be treated as having died intestate. Your estate will be distributed according to the Administration Act 1903 (WA), which may not reflect your wishes.
Is my Enduring Power of Attorney automatically revoked when I get married?
No. Unlike a Will, an Enduring Power of Attorney is not automatically revoked by marriage. However, if you appointed someone other than your spouse, it is worth reviewing whether that document still reflects your wishes.
Does my spouse automatically have authority over my finances if I am incapacitated?
No. Marriage does not automatically give a spouse legal authority to manage your financial affairs. An Enduring Power of Attorney is required for this.
Can I make a Will before my wedding that survives marriage?
Yes, but it must be made in contemplation of the specific upcoming marriage and clearly state that intention. This requires careful drafting and legal advice.
When should I update my estate plan after getting married?
As soon as possible after your wedding. If you had a Will before your marriage, it has most likely been revoked and you will need a new one.
We are here to help
If you have recently married and haven’t revisited your estate planning, or if you are about to get married and want to get things in order first, we would love to have a conversation.
Couldwell Legal works with clients across Western Australia via phone and video conference, so there is no need to travel to get started.
We offer an obligation-free, 15 minute discovery call. It is a relaxed, no-pressure conversation to help you understand where you stand and what, if anything, needs attention.
You don’t need to have everything worked out before reaching out. That is what the conversation is for.
Book your discovery call here or reach out to us directly at admin@couldwelllegal.com.au.
Clarity comes with a conversation – and we’re here to help.
Disclaimer
This article contains general information only and does not constitute legal advice. Claire is a fictional client created to illustrate a real and common situation under Western Australian law. You must not rely on any information or material contained on this website as legal advice or as a substitute for legal advice. If you have a specific legal matter, we encourage you to seek professional advice tailored to your circumstances.
Whilst we will make every effort to keep the content of this website up-to-date, there may be delays, errors, or omissions as a result of amendments to legislation and modifications to case law. We make no warranty or representation that the information and other material will be at all times up-to-date. No responsibility is accepted for any action taken without advice, by readers of the material contained on this website.