John is single with one child to whom he intended to leave the entirety of his estate. In his later years he met a woman and later they married. John did not renew his will, not realising that getting married nullifies any will made prior to the marriage. He was married for 18 months before he passed away. For legal purposes, he has now died without a will and his testamentary intention to leave 100% of his estate to his son is now no longer valid. 100% of his estate will now go to his wife of 18 months and his son would have to bring court proceedings within 12 months under Section 58 of the Succession Act 2006 NSW to claim some share of estate which would be far less than intended. This case is a reminder that not only should you regularly update your Will but you should always review it when there is a change in your marital status or personal circumstances.
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