I have a Will and my wife gets the lot

Fact: Marriage revokes a Will.

A man buys a house. He meets a woman: they fall in love, she moves in and he asks her to marry him. He signs a Will which gives all of his assets (including the house) to his fiancée. There is no contemplation of marriage clause in his Will. They marry. They don’t have children. A few years later he has a car accident and dies. The marriage revoked his Will. The man has no Will. His wife will be entitled to household items and the first $75,000. Of the rest (which includes the house), she is entitled to ½ and his parents/siblings are entitled to the other ½.

If you are engaged, we know that you’ve got lots on your mind and weddings are a big deal – trust us, we’ve been there. Let us help you take some of the worry away. If you would like to give everything to your spouse, we can advise you on the appropriate clause to add to your Will so that when you marry, your spouse will get the lot.

If you have a Will and subsequently married, see us and we can help you plan your Will so that if you wish to give everything to your spouse, you can.

The above applies to both heterosexual and same sex marriages.

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Bernadette Duell

Principal Lawyer

Bernadette Duell

Principal Lawyer
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Paul Terry

Business Manager

Paul Terry

Business Manager
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Administration Officer

Brayden Thompson

Administration Officer
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Rachael Cole

Paralegal

Rachael Cole

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The Law Has Changed

An update has occurred to Western Australian Law changing what happens if someone dies without a will.

These changes came into effect after March 30th 2022.

Learn about these changes by clicking the button below.