Revocation of wills by marriage

Contemplation of marriage

All Australian States  have legislation that  provides that unless a contrary intention is proved, solemnisation of a marriage revokes all wills in existence at the time of the marriage. Instructions need to be taken in order to determine whether the Will is to continue in force if the marriage does not take place. Instructions need to be taken as to whether the operation of the will is conditional on the marriage taking palace by a certain date. Clients often want their Will to have effect regardless of whether or not the marriage takes place. Those instructions need to be confirmed. In my opinion the latter option is preferable.

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