Will in Contemplation of Marriage
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Will in Contemplation of Marriage
A marriage revokes a Will.
It is important to create a Will in Contemplation of Marriage. It is important if you have married since you made your last Will, as that Will is probably no longer valid. If you die without making a new Will, your estate could be dealt with under the intestacy laws, where the government, not you, decides how your estate should be distributed.
There are some exceptions to this, which differ from State to State or Territory. However, the rest of your Will would be revoked. That means some of your wishes may not be followed in the event of your death.
It is, however, possible to make a Will in contemplation of marriage – of a specific marriage or of marriage generally. Such a Will would still be valid after a subsequent marriage.
This will is 6 Pages Long.
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WILLS
New South Wales
A full commentary on the law and practice as it currently applies to the drafting of wills and testamentary discretionary trusts.
BACK GROUND
A will is a document containing a person’s instructions as to how their property is to be distributed after their death. Failure to make a will results in the distribution of the assets of the deceased being determined by statute. The law relating to wills in New South Wales is covered by the Succession Act 2006.
However, the issues arising from including or excluding children from former relationships in clients wills are now commonplace. This demands an understanding of the options and pitfalls inherent in some apparent solutions as well as the provisions of the Succession Act 2006 relating to family provision claims.
Will Signing Instructions
How to Sign your Will
- You must sign and date your Will in the presence of two witnesses at the same time. It is best that all three persons use the same pen as proof of the fact that they were together at the same time.
- Your witnesses should not be beneficiaries or potential beneficiaries under your Will. There is a presumption at law that a beneficiary who has also witnessed a Will may have used undue influence in order to obtain a gift in the Will. The law therefore invalidates gifts to beneficiaries who serve as witnesses. The same applies to spouses of beneficiaries.
- Subject to the above, your Will can be witnessed by anyone who is of sound mind and at least 18 years old.
- You should review your Will in the presence of your witnesses, then sign it on the last page and the foot of every page, using your normal signature. Take care not to miss any pages. Then write the date on your Will.
- Both witnesses must see you sign your Will. They also need to see each other sign as witnesses. This requires you and your witnesses to be present at the same time.
- Your witnesses should view every page so they can confirm, if asked, that there were no amendments when you signed your Will. They do not, however, need to read the Will or know what it says.
- After you have signed and dated your Will the first witness must then sign at the bottom of each page and at the end of the Will immediately below the attestation clause in the space provided. The second witness then follows this same procedure. The witnesses should include their full names, occupations and addresses so they can be located in the future if it becomes necessary for them to verify that you signed the Will. You should confirm that each witness has signed where required. Do this while they are all still in the same room. Finally, make sure all pages of your Will are stapled together.
Storing Your Will
Keep your Will in a safe place and tell your executors where you have put the original. You may also consider giving your executors a copy of the Will. There is no requirement to register your will or do anything else with it.