Marriage and Your Will: What Most Couples Do Not Know
Getting married is one of life’s most joyful milestones. Between choosing venues, organising guest lists, and debating centrepiece arrangements, estate planning rarely makes the to-do list. Yet marriage has a profound — and often surprising — legal effect on your Will.
In most Australian states and territories, getting married automatically revokes your existing Will. That means the careful estate plan you put together before the wedding could be wiped out the moment you say “I do.”
If you die after getting married without creating a new Will, you die intestate — and the government’s default rules decide who gets your assets, who looks after your children, and who administers your estate. The results may not reflect your wishes at all.
This guide covers exactly what happens to your Will when you marry, which states have different rules, and the steps you should take before and after the wedding to protect your family.
How Marriage Affects Your Will: State by State
The general rule across Australia is that marriage revokes a Will. However, there are important exceptions and nuances depending on where you live.
States Where Marriage Revokes Your Will
In New South Wales, Victoria, Queensland, Western Australia, Tasmania, and the Northern Territory, marriage automatically revokes any existing Will unless the Will was made “in contemplation of marriage” — that is, the Will specifically states it was made in anticipation of a particular marriage.
This means that if you made a Will five years ago and then get married without updating it, that Will is no longer valid. You are treated as having no Will at all.
For state-specific requirements, visit our guides for New South Wales, Victoria, and Queensland.
The Exceptions: South Australia and the ACT
South Australia and the Australian Capital Territory take a different approach. In these jurisdictions, marriage does not automatically revoke your Will. Your existing Will remains valid after marriage.
However, this does not mean you should ignore your Will after marrying in these states. Your new spouse may have a claim on your estate under family provision legislation, and your existing Will likely does not account for your new partner. Updating your Will after marriage is still strongly recommended, regardless of where you live.
What Happens If You Die Without a Valid Will After Marriage
If your Will has been revoked by marriage and you have not created a new one, you die intestate. Under intestacy laws, the distribution of your estate follows a statutory formula that varies by state but generally works like this:
- Your spouse receives a statutory legacy (a fixed sum, which varies by state) plus a share of the remainder
- Your children (including children from previous relationships) share the balance
- If you have no children, your spouse may receive the entire estate, or it may be shared with your parents or siblings
The specific amounts and shares differ between states. The key problem is that intestacy laws are rigid — they cannot account for:
- Gifts to friends or extended family you intended to make
- Charitable bequests you had planned
- Specific items you wanted particular people to have
- Guardianship nominations for children from a previous relationship
- Exclusions of people you did not want to inherit
For a comprehensive overview of what happens without a Will, read our guide to understanding intestacy laws in Australia.
Before the Wedding: What to Do
The best time to address your estate plan is before the wedding. Here is a practical checklist.
1. Make a Will “In Contemplation of Marriage”
If you want your current Will to survive the marriage, you can include a specific clause stating that the Will is made in contemplation of your upcoming marriage to a named person. This is a legally recognised exception in all states where marriage revokes a Will.
The clause must:
- Name your future spouse specifically
- State that the Will is made in contemplation of that marriage
- Be included in the Will before the marriage takes place
With ezyWill, you can easily add this contemplation clause when creating your Will. Our guided process prompts you for this information if you indicate an upcoming marriage.
2. Consider a Binding Financial Agreement
A binding financial agreement (sometimes called a “prenup”) is a separate document from your Will, but the two should work together. If you and your partner are entering the marriage with significantly different asset levels, a financial agreement can clarify what happens to pre-marital assets, which in turn affects how you structure your Will.
3. Review Your Superannuation Beneficiaries
Your superannuation is not automatically covered by your Will. The trustee of your super fund decides who receives your death benefit, unless you have made a valid binding death benefit nomination (BDN).
Before your wedding, review your BDN and update it to include your new spouse if you wish them to receive your super. A non-binding nomination can also be updated to reflect your new family structure.
4. Update Your Powers of Attorney
If you have existing Powers of Attorney, review whether they still reflect your wishes. Many people want their spouse to be their attorney for financial and health decisions. You may need to create new documents or revoke existing ones.
For more on Powers of Attorney, see our comprehensive guide.
After the Wedding: Your Estate Planning Checklist
Once the honeymoon is over (or even before), work through these steps to ensure your estate plan reflects your new married life.
1. Create a New Will Immediately
This is the single most important step. If your previous Will has been revoked by marriage, you need a new one as soon as possible. Do not wait — accidents and illness do not follow convenient timelines.
Your new Will should:
- Name your spouse as a beneficiary (if you wish)
- Appoint an executor (your spouse, a trusted friend, or a professional)
- Nominate guardians for any existing children
- Address any specific gifts, charitable bequests, or conditions
- Revoke all previous Wills explicitly
You can create your new Will with ezyWill in about 20 minutes — no appointments, no waiting.
2. Update Your Superannuation Nominations
Now that you are married, update your binding death benefit nomination to include your spouse. If you previously nominated an ex-partner, parent, or sibling, make sure the nomination reflects your current wishes.
Remember that binding nominations typically expire after three years and must be renewed. Non-binding nominations remain in place but give the trustee discretion.
3. Review Your Insurance Beneficiaries
Life insurance, income protection, and trauma insurance policies often have nominated beneficiaries that sit outside your Will. Check each policy and update the beneficiary nominations to include your spouse where appropriate.
4. Update Powers of Attorney and Advance Care Directives
Create new Powers of Attorney naming your spouse (if desired) for:
- Financial matters — managing your finances if you lose capacity
- Health and personal matters — making medical decisions on your behalf
Also consider an advance care directive or advance health directive, which sets out your wishes for medical treatment if you cannot communicate them yourself.
5. Notify Your Executor
If you have changed your executor (or appointed one for the first time), make sure they know. Inform them where your Will is stored and what their responsibilities will be. With ezyWill, your executor receives automatic notifications and role-based access through the platform.
6. Store Your Documents Securely
Your new Will, Powers of Attorney, insurance policies, and superannuation details should all be stored in a secure, accessible location. A digital vault — like the one included with ezyWill Premium — ensures your executor can find everything they need without rummaging through filing cabinets.
Common Questions from Engaged Couples
”We are both young and healthy — do we really need a Will?”
Yes. Age and health are not factors in whether you need a Will. If you have any assets at all — a car, a bank account, superannuation, personal belongings — a Will ensures they go where you want them to. If you plan to have children, a Will is the only reliable way to nominate a guardian.
”My partner and I want mirror Wills — is that possible?”
Absolutely. Mirror Wills (sometimes called “mutual Wills”) are Wills that are substantially the same — for example, each spouse leaves everything to the other, and if the other has already passed, everything goes to the children. ezyWill supports mirror Wills, and each partner creates their own individual Will through the platform.
”What about property we own jointly?”
Property held as joint tenants passes automatically to the surviving owner by right of survivorship — it does not form part of your estate and is not governed by your Will. Property held as tenants in common does form part of your estate and should be addressed in your Will. Check your title deed to confirm how your property is held.
”Does a de facto relationship have the same effect as marriage?”
No. In most Australian states, entering a de facto relationship does not revoke your Will. However, your de facto partner may have a claim on your estate under family provision legislation, so it is still wise to update your Will when you enter a committed relationship.
What If You Are Remarrying?
If you are marrying for the second (or subsequent) time, the stakes are even higher. You likely have:
- Children from a previous relationship who need to be provided for
- Assets acquired before the new marriage
- Existing obligations from a previous divorce settlement
- Potentially complex relationships between stepchildren and biological children
A new marriage will revoke your existing Will (in most states), so you must create a new Will that carefully balances the needs of your new spouse and your existing children. For guidance on navigating these complexities, read our guide on estate planning for blended families.
If your situation involves significant complexity — such as a family business, properties in multiple states, or anticipated disputes from former partners — consider obtaining advice from a solicitor in addition to using an online platform. Our comparison of online Wills and solicitors can help you decide.
Do Not Let the Wedding Overshadow the Important Stuff
The average Australian wedding costs over $30,000. Couples spend months planning every detail of the celebration. Yet the cost of not updating your Will after marriage could be far greater — not in dollars, but in the impact on the people you love most.
Creating a new Will takes about 20 minutes with ezyWill. It costs a fraction of the catering bill. And it ensures that your new life together is built on a secure legal foundation.
Create your Will with ezyWill today — because the best wedding gift you can give each other is peace of mind.
This article is for general informational purposes only and does not constitute legal advice. Marriage laws affecting Wills vary by state and territory. For complex estates or specific legal questions, we recommend consulting a qualified solicitor. ezyWill provides legally structured Will templates tailored to Australian state and territory requirements.
