Does Getting Married or Divorced Cancel My Will in Queensland?

This is one of the most common and most costly surprises in estate law. Many Australians simply do not know that getting married or divorced can automatically cancel their existing Will — and the consequences for blended families can be devastating.

Marriage Revokes Your Will in Queensland

Under Queensland’s Succession Act 1981, a Will is automatically revoked when you marry, unless the Will was expressly made “in contemplation” of that specific marriage.

This means:

• If you made a Will leaving everything to your children from a prior relationship, and then remarried without updating your Will, that Will is effectively cancelled.
• The court would treat you as intestate (having died without a valid Will) when you eventually pass.
• Under intestacy rules, your new spouse may receive far more than you intended, potentially at the expense of your children from the prior relationship.

What Does “In Contemplation of Marriage” Mean?

A Will can survive marriage if it was specifically drafted with a reference to the upcoming marriage, for example: “I make this Will in contemplation of my marriage to [Name].”

Standard Wills do not include this language. If you are remarrying, you must either:

1. Update your Will before or immediately after the marriage, or
2. Ensure your new Will is specifically drafted to contemplate the marriage.

Divorce Also Affects Your Will

Similarly, in Queensland, a divorce automatically revokes any gifts you made to your former spouse in an existing Will, as well as any appointment of them as executor. The rest of your Will remains valid.

This means that if you had appointed your former spouse as executor and primary beneficiary, after divorce they are treated as if they predeceased you, which may trigger unexpected distributions to other beneficiaries, or create a partial intestacy.

Note: This automatic revocation only applies to a formal divorce order — not separation. If you have separated from your spouse but the divorce is not yet finalised, your Will remains fully intact as originally drafted.

What Should I Do?

• When remarrying: Update your Will immediately, or draft a new one in contemplation of the marriage before the ceremony.
• When separating or divorcing: Review your Will and update it as soon as practicable. Do not rely on the automatic revocation provisions to produce the outcome you want.
• In a blended family: Have a specific review of your estate plan to ensure your children from prior relationships are properly protected.

Related Topics

• Will Kits and the Public Trustee in QLD
• Legal Matters: Blended Families & Wills, Radio Episode
• What Happens to Your Estate Without a Will?
• What are the Risks of Sideways Inheritance?
• Who Can Challenge a Will in Queensland?