Does marriage cancel your will in Western Australia?
Does getting married cancel my will in Western Australia? The short answer is yes, marriage automatically revokes any existing will the moment your vows are exchanged, under section 14(1) of the Wills Act 1970 (WA). It does not matter how recently the will was drafted or how carefully it was prepared. Practitioners across coastal WA communities regularly see this catch clients off guard, particularly after major life milestones such as marriage, a new child, or a property purchase.
This article covers three things: the rule itself and why it applies, the one narrow exception that can protect a will made before the wedding, and the practical steps to take so your estate actually reaches the people you intend it to reach.
Does getting married cancel my will in Western Australia? What the Wills Act 1970 says
Section 14(1) of the Wills Act 1970 (WA) is the governing provision, and it is blunt. Marriage automatically revokes any will the testator has already made. The moment the marriage is solemnised, the existing will becomes legally void, though s 14(1) does contain specific exceptions, most notably for wills made in contemplation of the marriage, which are addressed below. This is not an edge case or an obscure technicality; automatic revocation on marriage is the default position under WA law.
Why the law works this way
The legislative rationale is straightforward. Marriage is treated as a significant change in both legal and personal circumstances, and the law assumes that a person's wishes about their estate may shift when they acquire a spouse. The rule is designed to protect newly married spouses from being overlooked by an outdated document. However, it can equally leave an estate distributed in a way the deceased never intended.
Who this affects most
Several groups face particular exposure. People who made a will before an engagement and never updated it are at obvious risk, as are those with children from a previous relationship listed as beneficiaries. Property owners and small business holders whose estates were structured around a specific distribution plan are also vulnerable. This is not a remote risk, it is an automatic legal consequence that takes effect whether or not the person is aware of it. Marriage alone renders a prior will void; no court challenge or formal declaration is required.
The one exception: wills made "in contemplation of marriage"
Section 14(1) does contain one meaningful exception. A will is not revoked by marriage if it was made in contemplation of that particular marriage. This exception is narrower than most people assume, and the phrasing in the will must satisfy a specific legal test under s 14(3) to qualify.
What "in contemplation of marriage" actually means
Under s 14(3), a will satisfies the exception if it expressly states it is made in contemplation of the marriage, or if other evidence establishes that intention. Naming the intended spouse by their full name is strongly recommended and is considered best practice, a vague reference to "my future spouse" alone creates genuine uncertainty. The practitioner-recommended clause reads: "At the time of making this will, I expect to be married to [full name] and intend that this my will shall not be revoked by my marriage to the said [full name]."
Wording that works and wording that falls short
The key distinctions matter in practice. Naming the intended spouse by their full name is the safest approach; a reference to "my fiancée" alone, without an accompanying express declaration, may not be sufficient. Courts may admit extrinsic evidence, such as solicitor file notes or correspondence, if the will does not expressly state the contemplation, but relying on that route carries real risk. Clear written wording in the will is always the safer path.
There is a further complication worth noting: if the marriage never proceeds, a will made in contemplation of that marriage becomes void under s 14(2), unless the will explicitly states it remains valid regardless. A well-drafted clause should therefore also include wording to the effect that "this will shall remain valid even if the marriage to [full name] does not take place." This is another reason why online templates are not adequate for this task.
What happens to your estate if your will is revoked?
If marriage revokes the existing will and no new will is made, the person dies intestate. Their estate is distributed according to the Administration Act 1903 (WA) intestacy rules, not according to their own wishes. For many straightforward situations, a surviving spouse inherits a significant portion of the estate under the intestacy formula, but the picture gets complicated quickly.
When intestacy leaves families in an unintended position
The scenarios where intestacy causes real problems are common ones. A testator with children from a previous relationship may find those children do not inherit as intended. Someone who wanted specific assets to pass to particular family members or friends has no mechanism to achieve that under the intestacy rules. A business owner or property investor whose estate was structured around a specific succession plan loses that plan entirely. In each case, the estate is divided according to a statutory formula rather than the person's actual wishes.
The spouse entitlement question
Under the WA intestacy rules, a surviving spouse receives all household chattels, a statutory legacy, and a share of the residue. These figures are set by regulation under the Administration Act 1903 (WA) and have been updated at various points, most recently in July 2025, as of that date, the statutory legacy is $546,000 where the deceased has surviving children, or $815,500 where there are no children. The key point is that this formula may bear no resemblance to what the deceased wanted, and the only way to control the outcome is through a valid, up-to-date will.
Divorce, separation, and de facto relationships: different rules apply
While marriage revokes a will, ending a marriage or relationship does not follow the same rule. Many people assume the rules are symmetrical. They are not, and the differences carry real consequences.
How divorce affects an existing will
Under s 14A of the Wills Act 1970 (WA), which applies to divorces and annulments granted on or after 9 February 2008, divorce or annulment automatically revokes any gift or appointment made in favour of the former spouse, unless the will contains a contrary intention. This is the WA position. If no new will is made after the divorce, the affected portions of the estate fall into intestacy. The exception applies only if the will expressly states that it is to remain valid despite the marriage ending.
The separation trap and de facto relationships
Separation alone, while still married, has no effect on an existing will. A separated spouse who is not yet legally divorced remains a valid beneficiary and executor under the existing document. Similarly, the end of a de facto relationship triggers no automatic revocation at all under the Wills Act 1970 (WA). This means a former partner may still inherit everything if the will has not been updated.
Consider this scenario: a person separates from their partner of ten years, never gets around to updating their will, and passes away several years later. Their former partner, still named in that untouched will, inherits the estate. That outcome is legally valid and entirely preventable.
Practical steps if getting married cancels your will in Western Australia
The best time to act is before the wedding, not after. Getting this right before the ceremony is far simpler than dealing with the consequences of an unintentionally revoked will.
Making or updating your will before the wedding
If you already have a will and want it to survive the marriage, the safest approach is to remake it with an express "in contemplation of marriage" clause that names your specific partner by their full name. This should be done with a solicitor, not using an online template, because the wording must be precise and the execution must be correctly witnessed to be legally valid. If the marriage is called off, be aware that the will may become void under s 14(2) and may need to be remade with updated instructions.
What a post-marriage will should cover
For anyone who marries without updating their will beforehand, the immediate priority after the wedding is to make a fresh one. A proper post-marriage will should address your new spouse's entitlements, any children from previous relationships, specific assets you want to direct to particular people, your choice of executor, and any enduring powers of attorney or guardianship arrangements. Updating a will is not a morbid task, it is a practical step that takes far less time and effort than most people expect.
Getting local estate planning help in Rockingham and Jurien Bay
The legal detail in this article can feel overwhelming, especially when there are already a hundred things to organise around a wedding or a significant life change. The good news is that making or updating a will does not need to be complicated when you have the right guidance.
Why local and personal advice matters here
This is not the kind of legal task that suits a generic online template or a form downloaded from the internet. The "in contemplation of marriage" wording, the interaction with the intestacy rules under the Administration Act 1903 , and the treatment of blended families, business interests, or investment properties all require someone who understands your specific situation. Working with a solicitor who handles your matter personally, rather than passing you between different staff members, makes a meaningful difference to both the process and the outcome.
Working with Saltwater Legal
Saltwater Legal is a boutique law firm founded by Michelle, serving clients across Rockingham and Jurien Bay. Michelle works directly with every client, explains the process in plain English, and handles wills, estate planning, and powers of attorney without the complexity or travel time of a Perth city firm. Whether you are getting married, recently married, or realising your will has not been reviewed in years, Saltwater Legal offers straightforward advice and fixed-fee will drafting for clients across both regions.
If you asked "does getting married cancel my will in Western Australia?" and want to make sure your estate is protected, get in touch with Saltwater Legal to book a consultation. It is a straightforward conversation, and it protects far more than most people realise.
Key takeaways
Marriage automatically revokes your will in Western Australia under s 14 of the Wills Act 1970 . The one exception requires precise "in contemplation of marriage" wording that names your specific partner by their full name, and even that wording must be correctly drafted and executed to hold up. If the marriage proceeds without an updated will in place, the estate is distributed under the intestacy rules of the Administration Act 1903 (WA), which may bear no resemblance to your actual wishes.
So: does getting married cancel my will in Western Australia? Yes, unless you act before or immediately after the wedding. Acting is simpler than most people think, and the consequences of not acting can be significant.