General information only — not legal advice. The effect of marriage on a will is set out in the Wills Act 2007. This guide gives the short answer. For the full detail, see our guide on how marriage affects a will, and get advice from a qualified New Zealand lawyer if you are planning around a marriage or civil union.
The short answer
Yes — under the Wills Act 2007, marriage (and civil union) revokes a will made before the marriage, unless the will was made in contemplation of that marriage or civil union and says so. This happens automatically, whether you thought about it or not. If your pre-marriage will is revoked and you have not made a new one, you effectively have no will.
The automatic rule
The law takes the view that marriage is such a significant change that an earlier will should not be assumed to reflect your wishes any more. So, on marriage or civil union, a will made beforehand is revoked by operation of law — with no action needed from anyone, and no way to “unrevoke” it later.
The exception: made in contemplation
There is one important exception. If a will is made in contemplation of a named marriage or civil union, and the will states that it is made in contemplation of that event, the will survives the marriage. This is useful if you want existing plans — such as providing for children from an earlier relationship — to continue unchanged after the wedding. The exception must be properly drafted, so get advice if you rely on it.
What it means in practice
If your pre-marriage will is revoked and you die without a new will, your estate is distributed under the intestacy rules rather than your old wishes. In many cases your new spouse or partner will inherit a substantial share — but not necessarily the share or the arrangements you intended, and children from earlier relationships may receive nothing.
Civil unions and de facto relationships
The automatic revocation rule applies to civil unions in the same way as marriage. It does not apply to de facto relationships — entering a de facto relationship does not revoke a will, and the law does not change a will when a de facto relationship begins or ends. That is another reason to review your will whenever your relationship status changes.
What to do
The safe approach is simple:
- make a new will after the marriage, even if nothing changes — a fresh will removes any doubt;
- or, before the wedding, make a will expressly in contemplation of the marriage if you want your existing plans to survive; and
- review your executor, beneficiaries and backups at the same time.
The bottom line
Marriage can silently revoke a will you thought was settled — and it never replaces it with one you would have chosen. The only safe response is a new will that reflects your life now, made before or soon after the wedding. Our guide on how marriage affects a will and guide on why to write a will when you marry cover the details.