Write A Will Before You Say "I Do": Why Having A Will Before Getting Married Is a Must
Posted: 3rd December 2019
Posted in: News
Posted by: Fiona Browne, Associate
Planning a wedding is an exciting time for couples. From choosing the perfect venue, inviting guests and finally seeing it all come together on the big day. Should you include writing a Will on your ‘To Do’ List? Do you need to do a Will before getting married?
The answer is YES! Writing a Will before getting married may not be high on your priority list, but it should be. Particularly if you are planning on jetting off to some exotic destination. What would happen in the worst case situation? Who would inherit your estate? DO NOT assume that a Will entered before getting married is still binding.
Wills are an essential part of your marriage preparation and planning your future.
Importance of Writing A Will Before Getting Married
If you are organized and have taken steps to make a Will before getting married, you must inform the solicitor drafting your Will that you make your Will in contemplation of marriage.
If the Will is not made in contemplation of your impending marriage, then the Will is revoked by your marriage. In Queensland, entering into a civil partnership also revokes a Will.
The Succession Act (Qld) does contain some exceptions. If the Will is made prior to marriage, the following are not revoked by the marriage:
- A gift to the person to whom you are married to at the time of your death
- An appointment as Executor, trustee, advisory trustee or guardian of your spouse at the time of your death
- A Will made in contemplation of marriage.
Risks of Not Having A Will Before Getting Married
If you do not update your Will in contemplation of your impending marriage, you run the risk that any gifts or properties left to your children, family and friends will go to the person you’re married to at the time of your death.
Wills should always be updated in contemplation of marriage. It will give you and your family peace of mind if something was to happen to you. It will also start an important conversation with your intended spouse to ensure that you are both on the same page.
Let us know if you have any questions or if you need help in drafting a Will. Call us on (07) 5574 1888.