When Life Changes, Should Your Will Change Too?

Marriage, separation, divorce and changes in a de facto relationship can alter more than your day-to-day life—they can also affect your Will. A document that once reflected your wishes may become invalid, operate differently than expected, or leave your estate open to a claim. Understanding the potential consequences can help ensure your estate plan continues to do what you intend.

Marriage May Invalidate an Existing Will

If you make a Will and later marry, that Will may become invalid unless it was made in contemplation of marriage to that particular person. If you then die without making a new Will, you may be treated as having died intestate—in other words, as though you had no Will at all.

To remain valid after the marriage, the Will should clearly record that it was made in contemplation of marriage to the person concerned and that you intend it to continue afterward. A civil union has the same effect on a Will as a marriage.

Separation and Divorce Have Different Effects

Separation alone does not change your Will. If your former partner is named as a beneficiary or executor, those provisions may continue to apply if you die before updating your Will or legally divorcing. This can produce a result that no longer reflects your wishes.

In New Zealand, spouses generally must have lived apart for two years before they can legally divorce. Divorce does not revoke the entire Will, but it may automatically alter provisions concerning a former spouse. A gift to that person may fail, and their appointment as executor may no longer take effect.

That is why substitute appointments matter. If a former spouse can no longer act as executor, the person named as the backup executor may need to step into the role.

De Facto Relationships Require Careful Planning

Beginning or ending a de facto relationship does not automatically change your Will. A former de facto partner who is named in the Will may remain entitled to a benefit after the relationship ends. Equally, a Will that does not provide for a current de facto partner may remain valid.

Validity, however, is not the end of the story. Depending on the circumstances, a current or former de facto partner may have a legal right to make a claim against the estate, potentially changing how the estate is ultimately distributed.

Review Your Will When Life Changes

A major relationship change is an important prompt to review your Will and any related legal arrangements. Updating these documents after marriage, separation, divorce or a change in a de facto relationship can help keep your intentions clear and reduce the risk of an unintended outcome.

Depending on your circumstances, a separation agreement or relationship property agreement may also help address possible claims by a current or former partner. Seeking advice when a major life event occurs can help you decide whether your Will and related documents still provide the certainty and protection you intend.

This article is current as at the date of publication and is only intended to provide general comments about the law. Harkness Henry accepts no responsibility for reliance by any person or organisation on the content of the article. Please contact the author of the article if you require specific advice about how the law applies to you.