Francesa Packer-Barham, granddaughter of the late Kerry Packer, married entrepreneur Robert Bates earlier this month in the Hunter Valley.
While the wedding has attracted significant media attention due to the Packer family’s extraordinary wealth and the billion-dollar empire Francesca is presumably set to inherit together with her siblings, an important legal lesson sits behind the headlines: for newly married couples, marriage can have immediate and significant consequences to their Wills.
Many people are unaware that, under Australian succession law, getting married will automatically revoke an existing Will, unless it was made in contemplation of that marriage. In simpler terms, someone who has made a Will in previous years may inadvertently invalidate that Will by getting married. If no new Will is made after the wedding, that person will die intestate (that is, without a valid Will), in which case their estate will be distributed according to legislated rules of intestacy which stipulates the order and priority of those who are to inherit.
These seemingly invisible laws often catch newlywed couples out during the exciting honeymoon period. The risks are particularly amplified for people entering their second marriage or joining a blended family.
In these circumstances, it is common for the spouses to have children or jointly owned property from previous relationships, or separate assets they intend only for their own children to inherit. If these arrangements were set out in an earlier Will, they will be undone by marriage if no replacement Will is made.
Were this the case and someone were to pass without a valid Will, the surviving spouse will be prioritised by Australian succession laws. This will come at the expense of the deceased’s children from their prior relationship, with the spouse generally inheriting the majority of the assets.
Further, family provision claims may follow which allows certain categories of people to seek part of the estate where they believe they have not been ‘adequately provided for’. These disputes are exactly the outcomes most families hope to avoid as they are costly and damaging to familial relationships.
For newlywed couples such as Francesca Packer-Barham and her new husband, it is important not to assume that your existing Will will stand the test of time.
You should review and update your Will and broader estate plan ideally before your wedding or as soon as possible after the wedding to ensure your wishes reflect your new family structure, especially when blended families are involved.
Likewise, if you do not have a Will but want to make provision for individuals other than your spouse, it is essential to formalise those intentions and get legal advice on what your moral obligations are and to weigh up any competing interests in your estate.
If you are considering making or updating your Will, contact Taryn Ellerington (Principal) or a member of our Wills & Estates team. We would be pleased to assist.
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