Record the effect of marriage on a will
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the will and the marriage date, list any gift or appointment in favour of the person the testator marries, and any words that the will was made in contemplation of that marriage or of marriage generally. Do not decide that the will is revoked.
- What the lawyer must review
- The lawyer decides whether the marriage revokes the will or only part of it, and whether a saving in the section applies.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the will and the marriage date, list any gift or appointment in favour of the person the testator marries, and any words that the will was made in contemplation of that marriage or of marriage generally. Do not decide that the will is revoked. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- A will is revoked by the marriage of a testator.
- Marriage does not revoke a disposition to the person to whom the testator is married at death, an appointment of that person as executor, trustee, advisory trustee or guardian, or a will made in exercise of a power of appointment where the property would not pass to the executor, administrator or the NSW Trustee and Guardian if the power were not exercised.
- A will made in contemplation of a particular marriage, whether or not that contemplation is expressed in the will, is not revoked by the solemnisation of that marriage. A will expressed to be made in contemplation of marriage generally is not revoked by the solemnisation of a marriage of the testator.
- The lawyer decides what survives. The note does not rewrite the will.
Sources
- Succession Act 2006 (NSW) s 12 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.