BREAK UP: The end of a marriage usually needs to see a new will being drawn up.
BREAK UP: The end of a marriage usually needs to see a new will being drawn up. Unspecified

Marriage, divorce and your will

BEFORE he marries Rebecca, David creates a home-made will which is properly executed and witnessed.

David's will leaves half his estate to Rebecca and the other half to two children from a previous relationship.

He appoints one of his children, Sam, as executor and informs his son of making a new will and its whereabouts.

Many years later, when David passes away, Sam locates the will and takes it to a solicitor who notices it is dated before the marriage to Rebecca.

The solicitor advises that David's marriage to Rebecca revokes Sam's appointment as executor and revokes the gifts to him and his sibling.

The provision for Rebecca, however, is still valid.

Sam is advised the half of David's estate that was to be left to the children will now be dealt with under the rules of intestacy.

This means that half of David's estate will be distributed as if he had not made a will at all.

The size of the estate means his children will receive nothing and Rebecca receives the whole of his estate.

The solicitor advises Sam that if his late father had included a clause to the effect it was 'in contemplation of marriage' the will would have been valid.

Sam and his solicitor discuss the advantages and disadvantages of making a family provision application, contesting David's will.

It should also be noted that similar issues can arise from a divorce.

A divorce revokes any provision made for a former spouse unless it is specifically noted in the will.

It is important to update your will if you are married or divorced and to get proper advice. 

If you would like Manny to address a particular legal issue send your request to or call 6648 7487