Here’s the hidden game-changer.
In Queensland:
Marriage generally revokes your existing will.
Yes — automatically.
Unless…
Your will states it was made in contemplation of marriage to a specific person.
What Happens Without the Clause?
➡️ You make a will
➡️ You get married
➡️ Your will is revoked
➡️ You die without updating it
➡️ You may die intestate
That means statutory rules — not your intentions — control distribution.
What Happens With the Clause?
If your will states:
“This Will is made in contemplation of my marriage to [Full Name], and shall not be revoked by that marriage.”
Then:
➡️ You marry that named person
➡️ The will remains valid
➡️ No automatic revocation occurs
Key: it must refer to a specific person.
What the Clause Does NOT Do
It does not:
- Protect against marrying someone else
- Prevent family provision claims
- Update your asset list
- Override superannuation nominations
It only prevents automatic revocation upon marriage.
Strategic Decision: Include It or Not?
✔️ Include It If:
- You are certain about your arrangements
- You want continuity
- You prefer certainty
Risk: You may forget to update the will after marriage.
✔️ Exclude It If:
- You want marriage to trigger a full review
- You prefer a built-in safeguard
- You expect asset changes
Some practitioners deliberately leave it out to force future updating.
Important Distinctions in Queensland
- 💍 Marriage → Revokes a will
- 💔 Divorce → Does not revoke entire will (only affects spouse provisions)
- 🤝 De facto separation → Does not automatically revoke anything
These distinctions surprise many people.
Final Thoughts: A Will Is Strategy, Not Stationery
A will consultation is not a form-filling exercise.
It is:
- Legal risk management
- Family dispute prevention
- Asset structure planning
- Cross-border coordination
- Evidence-building of true intention
And when language barriers exist, professional interpreters play a vital role in protecting validity and preventing future litigation.
Preparing properly before your appointment — with clear asset lists and considered executor choices — will make the process smoother and legally stronger.
Because in estate planning, clarity today prevents conflict tomorrow.
BL Translations 