Just Remarried, or Divorced, or About To Be? Your Old Will in WA Might Be Cancelled

If you’re getting married again, congratulations. It’s easy to get swept up in the happy planning and forget about paperwork sitting in a drawer somewhere, like your Will.

Here’s something a lot of people don’t know: in Western Australia, marriage can automatically cancel a Will you made before the wedding.

Under section 14 of the Wills Act 1970 (WA), a Will made before you marry is revoked, which essentially means legally cancelled, by that marriage. There’s one exception: if the Will says it was made “in contemplation of” that particular marriage, meaning it specifically names the marriage and says it should stand regardless, then it can survive the wedding.

If your Will doesn’t include that wording and you remarry, the old Will is treated as though it never existed. If something happened to you after that, your estate would be distributed under the rules that apply when someone dies without a Will, known as intestacy, rather than according to your actual wishes. For blended families in particular, that can mean your estate doesn’t go where you intended, and it can leave a new partner, stepchildren or children from an earlier relationship in a difficult position.

Divorce works a little differently, but it matters just as much. If your divorce became final on or after 9 February 2008, the divorce order also revokes parts of your Will, unless your Will specifically provides otherwise. Simply separating from a partner, without an actual Family Court divorce order, does not cancel your Will.

So what should you check?

If you’ve remarried, or you’re planning to, check whether your current Will includes a contemplation of marriage clause. If it doesn’t, treat that Will as void and arrange a new one.
If you’ve divorced since February 2008, don’t assume your old Will still works. Have it reviewed.
If you’re blending a family, whether that’s stepchildren, a new partner, or children from an earlier relationship, your Will needs to say clearly what you want, rather than leaving it to the default rules.

None of this needs to be complicated. Essentially, it’s a case of getting the right clause in the right place, so your wishes are protected no matter what life throws at you next.

Luckily, that’s something we can help with. We offer a fixed fee for Wills, so you know the cost upfront, in plain English, with no surprises.

This article is general information only. It doesn’t take into account your personal circumstances and isn’t legal advice.

Cassandra Joss – Director – Joss Legal