Why you should write a Will when you get married

Why marriage changes everything

Getting married is not just a personal milestone — it is a legal one. It creates a new legal status, changes how property is treated between you, and can affect documents you signed years earlier, including your will. A will made before your wedding may not survive the marriage, and even if it does, it almost certainly will not reflect the life you are now building together.

What marriage does to an existing will

Under the Wills Act 2007, marriage generally revokes a will made before the marriage — unless the will was made in contemplation of that marriage and says so. If your old will is revoked and you do not make a new one, you effectively have no will. Your estate would then be distributed under the intestacy rules instead of according to your wishes. Our guide on how marriage affects a will explains this in detail.

Why you should write a will when you marry

Marriage is the perfect moment to write (or rewrite) your will because:

• it protects your new partner — a will makes sure they are provided for, no matter what the intestacy rules would do;
• it protects children from earlier relationships — a will can balance provision for your partner with provision for your children, which is often the hardest part of a second marriage;
• it lets you decide, rather than the law — who inherits, who acts as executor, and what happens to your property;
• it deals with relationship property — your will controls your share, and can be coordinated with how your assets are owned;
• it is a practical wedding task — while plans are being made and discussed, it is far easier to make decisions together than in a crisis later; and
• it gives your partner and family certainty — no one is left guessing what you would have wanted.

What to include

When writing a will around your marriage, think about:

• naming your partner as a beneficiary (and as your executor, if that is right for you);
• providing for children or stepchildren from earlier relationships, and whether guardian appointments are needed;
• deciding what happens to your home and other significant assets;
• specific gifts to family or friends; and
• naming backups in case your first choices cannot act.

Common mistakes

Couples often assume things that are not true:

• “my partner will get everything anyway” — that is not automatic;
• “my old will will be fine” — it may have been revoked by the marriage;
• “we own everything jointly, so it’s sorted” — not everything passes by joint ownership;
• “the kids are adults now, so no one needs protecting” — blended families still need careful thought; and
• “a will is all we need” — beneficiary nominations on KiwiSaver, superannuation and insurance also need updating.

Practical steps

Before or shortly after the wedding:

• make a new will that reflects your marriage and your current wishes;
• if you want an existing will to survive the marriage, ensure it is expressly made in contemplation of the marriage — with legal advice;
• update beneficiary nominations on insurance, KiwiSaver and superannuation;
• name (or confirm) your executor and backups;
• talk through your plans with your partner and, where relevant, your wider family; and
• review the will again after any significant change — including if you later separate.

The bottom line

Marriage is one of the most important moments to write or update your will. It protects the person you are marrying, the children you bring with you, and the plans you are building together. Make the time before or right after the wedding — it is one of the most loving things you can do as you start your life together.