Why newly married couples need a will

Marriage revokes your will

This catches most people off guard: in most Australian states and territories, the moment you say “I do,” your existing will becomes invalid.

🇦🇺 State rules: Marriage revokes wills in NSW, QLD, VIC, SA, WA, and the ACT. In Tasmania and the NT, marriage doesn't automatically revoke a will, but it may still affect how assets are distributed.

This means that even if you had a comprehensive will made last year, getting married can wipe it out entirely.

What happens without a new will

If you die without a valid will after marriage, intestacy rules apply. In most cases:

Your spouse receives most or all of your estate
But the formula varies by state
If you have children from a previous relationship, things get complicated
Your spouse may have to share with your parents or siblings

This might sound okay, but what if:

You wanted specific items to go to specific people?
You had promises to family members?
Your spouse is already financially secure and you wanted to help others?

The “in contemplation of marriage” exception

There’s one way to keep your will valid through marriage: include a specific clause stating the will is made “in contemplation of marriage” to your named partner.

But this requires:

Making or updating your will before the wedding
Naming your specific future spouse
Proper legal wording

If your pre-wedding will didn’t include this, it’s been revoked.

Time to think as a team

Marriage is the perfect time to:

Discuss your combined assets — What do you each bring to the marriage?
Align your wishes — Do you want everything to go to each other?
Consider mirror wills — Matching wills that leave everything to each other, then to agreed beneficiaries
Name each other as executors — Or choose someone you both trust
Update super beneficiaries — Add your spouse to binding nominations

Don’t forget these

Beyond the will itself, marriage should trigger updates to:

Superannuation beneficiaries — Your spouse is now a tax-effective beneficiary
Life insurance — Update or increase coverage
Power of Attorney — Appoint your spouse (or discuss alternatives)
Emergency contacts — Banks, employers, doctors

💡 Wedding tip: Add "make new wills" to your wedding to-do list, right alongside booking the venue and choosing the cake. It's one of the most practical things you can do for each other.

What about a prenup?

A binding financial agreement (sometimes called a prenup) and a will serve different purposes:

Financial agreements — Protect assets if the marriage ends in divorce
Wills — Distribute assets if the marriage ends in death

They work together but don’t replace each other. If you have a financial agreement, your will should align with it.

What to do now

Check if your state revokes wills upon marriage
Use our Preparation Checklist to gather what you need
Make new wills together — within the first month of marriage ideally
Update super and insurance beneficiaries
Consider Powers of Attorney for each other