Does marriage revoke a will in Australia?

Does marriage revoke a will in Australia?

Marriage generally revokes an existing will Wills and succession legislation in the Australian States and Territories contain provisions which revoke any existing will of a person when they marry. It makes no difference what a person may have written in their will.

Is a will still valid after marriage?

If you marry after you have made a Will, the Will is generally revoked, unless it was made in anticipation of marriage. Marriage will not affect a gift to the person who is your spouse at your date of death. If you divorce after you make your Will, it only revokes or cancels any gift to a former spouse.

What happens to the mortgage when a spouse dies?

What if my partner dies and the mortgage was in their name only? When someone dies, their debts still need to be settled – this includes any mortgage they hold. Consequently, if your partner dies and the mortgage is in their sole name, then this money still needs to be paid back.

Can my husband sell our house without my consent?

Can my husband sell our house without my knowledge? Hi there. A person who has legal title to a property can sell that property. If there is more than one person holding legal title, each owner will generally need to consent to the sale, as their signature will be required on any land transfer documents.