Many couples live together for years before deciding to marry. Often one or both partners already have a Will that names the other as “my partner”. Few realise that the wedding itself changes that Will.
The general rule: marriage revokes a Will
Under section 13 of the The Wills Act 1997 (Vic), a Will is revoked when the person who made it marries. This happens automatically. Nobody needs to tear up the document, and most people never notice.
What survives the marriage
Victoria softens the rule. Some parts of the old Will are not revoked:
- a gift to the person you are married to when you die;
- the appointment of that person as executor, trustee or guardian.
Everything else in the Will is revoked. That usually includes the gifts that matter most in blended families: gifts to children and grandchildren, gifts to a partner’s children, back-up gifts if your spouse dies first, and the appointment of any executor other than your spouse.
Why that gap matters
Suppose a Will leaves everything to a partner, with a back-up gift to the children of both families if the partner dies first. After the wedding, the gift to the new spouse survives, but the back-up gifts may be gone. If the spouse then dies first, or the spouse and Will-maker die close together, the estate may pass under the intestacy rules instead. Those rules follow a fixed formula. They do not recognise stepchildren or step-grandchildren who were not adopted.
If the old Will appointed a solicitor or friend as executor, that appointment is revoked too. The estate then needs someone to apply for letters of administration, which adds cost and delay.
The exception: a Will made in contemplation of marriage
A Will made in contemplation of a particular marriage is not revoked by that marriage. In Victoria the contemplation does not have to be written in the Will, but relying on proving it afterwards invites argument. The safer course is a clear clause stating that the Will is made in contemplation of your marriage to a named person.
What to do before the wedding
- Review every existing Will, for both of you.
- Make new Wills that expressly contemplate the marriage, or sign new Wills promptly after it.
- Review superannuation death benefit nominations at the same time. They sit outside the Will (see our article on superannuation nominations).
- Put Enduring Powers of Attorney in place, especially if either of you is older or unwell (see our article on shares, CGT and Enduring Powers of Attorney).
- If either of you has children from an earlier relationship, plan for a possible challenge (see our article on blended families and Will challenges).
How we can help
We advise couples marrying later in life, including families with children and assets in Australia and overseas. We can review your current Wills and nominations and prepare new documents that work together. We act in English, Mandarin and Cantonese.
中文版: 晚年结婚, 原有遗嘱还有效吗? · 繁體中文版: 晚年結婚, 原有遺囑還有效嗎?維州婚姻對遺囑的影響
Call (03) 9602 3988 or email chuatan@tpg.com.au to book a consultation.
This article is general information only and is not legal, tax or financial advice. The law discussed is Victorian law and Commonwealth superannuation and tax law as at October 2026. Please obtain advice about your own circumstances.
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