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Wills

Contemplation of Marriage

A Will made in anticipation of a specific marriage, which survives that marriage instead of being revoked by it.

What it means

Throughout Australia, getting married automatically revokes any existing Will — see revocation. A Will made "in contemplation of marriage" is the key exception: if it states that it is made in anticipation of marrying a particular person, that later marriage does not cancel it. This lets couples plan their estates before the wedding without having to redo everything afterwards.

How it's used

The Will should name the intended spouse and clearly express that it is made in contemplation of marrying them. Example: "This Will is made in contemplation of my marriage to Jordan Nguyen and is not revoked by that marriage." This exception applies in every state and territory, so naming the intended spouse matters wherever you live. In the ACT the Will must expressly state it is made in contemplation of that marriage, and in South Australia entering a registered relationship revokes a Will the same way marriage does.

This page is general information about Australian estate-planning terms, not legal advice. See our Legal Disclaimer.

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