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Things You Should Know!

Things You Should Know!

exceptions to a will you may not be aware of

Generally, a will remains valid until the person who made the will changes or revokes it. But there are exceptions that you may not be aware of.

1. Marriage or the commencement of a registered relationship revokes a will

2. Divorce or the ending of a registered relationship revokes your former spouse or partner as your executor or any gift left to them

3. Separation does not have an effect on your will

Generally, a will remains valid until the person who made the will changes or revokes it.

The only exceptions are those above, that is when a person begins or ends a registered relationship or marriage. Then, the will is automatically revoked in whole or in part.

If, however, it is stated in the will that the will is made in contemplation of the marriage or registered relationship or that the end of the marriage or of the registered relationship is to have no effect, the will remains valid.

A will can be revoked by tearing it up or destroying it but it must be done with the intention of the person who wrote the will, revoking it.

When a will is revoked, unless another is prepared, the person has no will. An earlier will does not then become valid.

How Can I Change My Will?

A codicil, which is a separate document to the will, can be prepared, referring to the changes it is wished to be made but it must meet the formal requirements of a will and should refer to the original will and the date it was made. Generally, it is simpler and safer to make a new will.

Call us now on 8227 1970 and we will chat with you over the phone free of charge.

Family law, divorce, wills and estate specialist family lawyers for Adelaide and South Australia.

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Disclaimer: The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute a solicitor-client relationship between any readers and Swan Family Lawyers. A solicitor-client relationship is created only when this firm agrees to represent someone and a written engagement agreement or engagement letter is signed by both the client and solicitor. In all cases, the reader should consult his or her own solicitor for advice. The information in this blog is based on Australian law.