Legal Question in Wills and Trusts in Australia

Marriage and Wills Please Help!

I am going to marry a Australian and I wanted to know if a will he had made a few years ago, leaving his property to his sister and her grown children, will still hold up after we are married. I was concerned that if he died, they could come in and take our home from me. Should he change the will? Thank You.


Asked on 5/05/04, 10:08 am

1 Answer from Attorneys
Tim Wishart McMahons National lawyers

Re: Marriage and Wills Please Help!

Is the marriage in Australia or somewhere else?

As a general proposition of law (good for all of the Australian states) marriage revokes a will.

He should make a new will - so should you. Wills are an essential life planning tool.

A will may be made in contemplation of a marriage - the marriage will not revoke a will of that type.

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Answered on 5/05/04, 5:13 pm


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