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Marriage and Wills in SA: 7 Essential Checks Before I Do

Video presented by Manal Amro, Principal Solicitor, PA Law Pty Ltd. Guide updated 16 October 2026.

This guide to marriage and Wills explains the key message in PA Law’s short video, then gives you a practical checklist for your own planning appointment.

Watch: does getting married cancel your Will?

Watch this PA Law video on YouTube.

Marriage and Wills: the video’s key message

A wedding can change more than your surname or relationship status. The video explains why an existing Will may stop operating when you marry, why the contemplation-of-marriage exception matters, and why dying without a valid replacement can leave distribution of your estate to intestacy law.

Manal encourages couples to include a Will review in their wedding preparations, particularly where there are children from a previous relationship. The information below is a written summary and additional planning guidance, rather than a word-for-word transcript.

7 essential checks for marriage and Wills in South Australia

1. Find your existing Will before making assumptions

Locate the signed Will and any codicils, and note their dates. Tell your solicitor whether the document was prepared before an earlier marriage, during your current relationship, or in anticipation of the upcoming wedding. The sequence of events can matter when assessing which document operates.

If you cannot find the original, check who prepared or stored it and bring any copy you have. Explain what is missing when booking; do not assume a photocopy answers every question.

2. Ask whether the contemplation-of-marriage exception applies

The statutory exception requires the Will to be expressed to be made in contemplation of the marriage concerned. The whole document needs to be considered. Do not rely simply on the fact that you were engaged, that your partner is mentioned, or that you intended the document to continue.

A solicitor can assess the existing wording and prepare a suitable Will for the proposed marriage. Section 18 also contains a specialised exception concerning certain exercises of a power of appointment, which needs individual advice if relevant.

3. Explain your wishes for your partner and children

Marriage and Wills deserve particular attention in a blended family. Make a list of the people you want to provide for and the practical outcome you want for each. For example, are you concerned about accommodation for your partner, support for a dependent child, or preserving particular assets?

Ask your solicitor to explain the available arrangements and their limitations. If housing is a concern, our guide to a partner staying in the home and children inheriting may help you prepare questions. No planning arrangement should be assumed to prevent every future dispute.

4. Check who you want to carry out your wishes

Review your choice of executor and any substitute. Consider whether each person is willing, available and able to deal with administration and family communications. Your preferred choice may have changed since you signed the previous document.

Write down questions about conflicts, interstate appointments or choosing more than one executor. Discuss the proposed role with the person before relying on their availability.

5. Bring an overview of your assets and other planning documents

Prepare a broad list of property, accounts, investments, superannuation, business interests and significant debts. Note how assets are held and bring relevant nomination or ownership documents if you have them. This gives your solicitor a practical starting point for assessing how your arrangements fit together.

Include your enduring power of attorney and Advance Care Directive in the review. Our separate video about spouses and power of attorney explains why marriage alone does not give a spouse general authority to manage your legal and financial affairs.

6. Ask what happens if no valid Will remains

If marriage revoked your Will and you die without a valid Will, intestacy law governs your estate. Your spouse does not necessarily receive everything in every family situation. Read our guide to dying without a Will in South Australia and ask how the rules would apply to your circumstances.

The useful question is specific: would the default outcome match what you want for your family? If you are uncertain, explain your intended outcome during the appointment rather than assuming family members can simply follow your old instructions.

7. Complete the review and keep the documents accessible

Book early enough to discuss instructions, consider advice and arrange proper signing. Tell PA Law your wedding date and any travel plans when you enquire. Confirm appointment availability and the proposed work directly.

After signing, confirm where the original is stored and tell your executor how to locate it. Keep a note to revisit your arrangements when family circumstances or wishes change. If the wedding has already happened, bring the marriage date and your existing documents for a prompt review.

When should you arrange a review?

A practical marriage and Wills example

Illustrative example: Alex has two children and a Will signed several years ago. Alex plans to marry Sam and assumes the old Will can continue because the children’s names remain correct. The first step is to have the document reviewed for the effect of marriage and any applicable exception.

Alex should also explain the intended outcome for Sam and the children. Reviewing validity and discussing those wishes together helps the solicitor identify what needs to be prepared. The answer depends on the actual document, assets and family circumstances.

What to bring to your Will review

• Your current signed Will, any codicils and details of where the originals are held.
• Your proposed wedding date or the date you married.
• Details of children, dependants and any previous relationship relevant to your planning.
• Your preferred beneficiaries, executor and substitute executor.
• An overview of assets, ownership arrangements, superannuation and liabilities.
• Any existing power of attorney, Advance Care Directive or relevant agreement.
• A short list of questions and the outcomes you want your documents to achieve.

Start with the documents you can locate. Contact the firm to confirm what is needed and how to provide it securely.

Marriage and Wills: frequently asked questions

Does getting married cancel your Will in South Australia?

Generally, yes. Section 18 of the Succession Act 2023 (SA) provides that marriage revokes an existing Will, subject to exceptions. A Will expressed to be made in contemplation of the particular marriage is not revoked by that marriage.

What does a Will made in contemplation of marriage mean?

It means the Will was prepared with the intended marriage in mind and expresses that intention. The wording and circumstances require careful assessment. Being engaged when you signed your Will does not, by itself, establish that the exception applies.

My Will already leaves everything to my partner. Do I still need a review?

Yes. Do not assume that naming your partner as beneficiary settles whether the Will survives marriage. Ask a solicitor to review the whole document and explain the effect of the proposed or completed marriage.

What happens if I marry and die without a valid replacement Will?

If your marriage revoked your Will and no valid Will governs your estate at death, South Australia’s intestacy rules determine distribution. The outcome depends on your family circumstances and estate assets, and may differ from your wishes.

Does registering a relationship also affect a Will?

Yes. Commencing a registered relationship can also revoke an existing Will. Section 18 contains a separate exception for a Will expressed to be made in contemplation of the registration of that relationship.

Should I wait until after the wedding to update my Will?

Seek advice before the wedding where possible. A solicitor can prepare a Will with the proposed marriage in mind and explain how it will operate. If you are already married, arrange a review promptly.

Can PA Law help with marriage and Wills in Gawler or Adelaide?

PA Law assists clients in Gawler, Adelaide and across South Australia with preparing and reviewing Wills. Bring your existing Will and details of your proposed or completed marriage, family circumstances and assets.

Read the full marriage and estate planning article

For a broader look at remarriage, blended families, property ownership, super nominations, decision-making documents, separation and divorce, read Marriage and Estate Planning in SA: 10 Essential Checks.

Official sources and further reading

• Succession Act 2023 (SA), especially section 18 on marriage and registered relationships, and Part 5 on intestacy.
• Legal Services Commission SA: registered relationships, marriage and separation.
• Legal Services Commission SA: I have a Will. Now what?

General information about South Australian law only, not legal advice. The effect of a marriage on a particular Will depends on the document, relevant dates and circumstances. Obtain advice tailored to your situation.