ARTICLE
16 March 2020

The effect of marriage on your Will

CL
Cavell Leitch

Contributor

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The general rule is that a person's will is automatically revoked upon marriage, so you should need to update your will.
New Zealand Family and Matrimonial
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Are you newly married? Congratulations! However, you may not be aware that the Will that you signed before you got married is probably no longer valid.

Under New Zealand law, the general rule is that a person's Will is automatically revoked upon marriage.

If you are married and your Will was made before your marriage took place, you need to check with us whether you need to sign a new Will.

If you are getting married in the near future and currently have a Will, it will be valid up until the date of your marriage. To ensure your Will remains valid after your marriage it needs a specific provision to ensure it remains valid after you marry. We recommend updating your Will so it includes a provision stating it is made in contemplation of your marriage. If a Will is made in contemplation of your marriage, it will remain in force after the date of your marriage.

Wills are an important personal document which express what you want to happen to your assets and personal belongings after you die. The consequence of not having a valid Will at the date of your death is that you will have died intestate. This means that your estate will be distributed in accordance with the laws of intestacy.

Ensuring your Will is updated either before or after your marriage, will remove the possibility of imposing additional stress on your loved ones at a time where emotions already run high.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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