Your Resources
Wills and de facto relationships…
Grant had been separated from his de facto partner Mary for a year. Driving to work one day he was in a car accident. The accident gave him such a fright that he called his lawyer to update his Will.
His lawyer informed him that it was timely as he had made a Will when he was still with Mary giving her his house and car, and nominating her to be the Executor of his estate. If he had not survived the accident, even though they were separated, she would have inherited his major assets and made all the major decisions for his estate.
There is legislation that revokes any previous Wills when you get married, as well as voiding any parts of your Will relating to your ex-spouse if your marriage has ended in divorce.
However, when you enter or leave a de facto relationship this does not change the status of any prior Will you have made. Your Will will continue to have effect.
If you are preparing a Will and getting married in the near future you can make a Will “in contemplation of marriage”, to make sure it’s not revoked by operation of law when you do get married.
We recommend that you review your Will when ever there is a major change in your life (like a separation) or otherwise every few years.