The simple answer is “yes”, if you get married or divorced it does affect your Will!

Getting married:

When you get married your existing Will is revoked, unless that Will was made in contemplation of the marriage. Any provisions made for your spouse will be valid, but not the provisions made for children or others you may have included in your Will.

If you do not update your Will, Government legislation will determine how the remainder of your estate is distributed. This may not reflect your wishes, causing disputes and delays for your spouse and loved ones.

Getting divorced:

If you have a Will and get divorced your Will is still valid, but any provisions made for your ex-spouse will be revoked.

If you are divorced, provision for the ex-spouse is treated as if they passed away before you, meaning any substitution clauses in the Will would then take effect.

Your Will could fall into Intestacy if there are no substitution clauses in the Will.

If you have a Will and are separated but not divorced, the Will remains valid as will any provisions for that ex-spouse.

What if I’m in a significant relationship?

If you are in a ‘significant relationship’ with another person on your death they may be in a position to make a claim against your estate. A ‘significant relationship’ is defined in the Relationships Act 2003 (Tas).