Does Marriage Revoke a Will in New Zealand?

Generally, yes. Under section 18 of the Wills Act 2007, marriage automatically revokes an existing will in New Zealand unless the will was made in contemplation of that marriage. The moment you're legally married, a revoked will is void — as if it never existed.

This catches more people than you'd expect. If your marriage revoked your will and you die without making a new one, your estate is distributed under intestacy rules, regardless of what your previous will said.

How the Revocation Works

Subject to that exception, the revocation is complete. It doesn't matter when the will was made, how recently you updated it, or whether your new spouse was already a beneficiary. Marriage revokes the entire will, not just the parts that conflict with the new relationship.

There is one exception: a will made "in contemplation of marriage" to a specific person survives the marriage. But this must be explicit in the will itself — the will needs to state that it's made in expectation of marriage to that named person. A general "this will shall survive any future marriage" clause isn't sufficient.

Civil Unions and De Facto Relationships

A civil union has the same effect as marriage — entering a civil union revokes your existing will under the same provision of the Wills Act 2007.

De facto relationships are different. Moving in with a partner, even for decades, does not revoke your will. But there's a catch: under the Property (Relationships) Act 1976, a de facto partner of three or more years has the right to claim against your estate regardless of what your will says. Your will might still be technically valid, but its distributions can be overridden by a relationship property claim.

What Happens If You Don't Make a New Will

If your marriage revoked your will and you die without making a new one, the Administration Act 1969 governs who inherits:

• Surviving spouse, no children: The spouse inherits the entire estate
• Surviving spouse with children: The spouse receives all personal chattels plus $155,000, then one-third of the remaining estate. The children split the other two-thirds equally.
• Surviving spouse with children from a previous relationship: The same formula applies, but this is where disputes often ignite — children from a previous relationship may feel the statutory share doesn't reflect the deceased's actual intentions

The intestacy formula is rigid. It doesn't account for verbal promises, family dynamics, or the arrangements you thought your previous will covered.

When Else You Should Update Your Will

Marriage isn't the only trigger. You should also review and update your will:

• After separation or divorce — divorce does not automatically revoke a will in New Zealand, but it does revoke any appointment of your former spouse as executor, trustee, or guardian, and any gift to them, under section 19 of the Wills Act 2007
• After having children — a child born after the will was made can claim under the Family Protection Act 1955 even if not named in the will, but naming them explicitly avoids uncertainty
• After significant asset changes — buying or selling property, starting a business, receiving an inheritance
• After your executor or trustee dies or becomes unavailable — your will needs a functioning executor
• After moving to or from New Zealand — a will valid in NZ might not cover overseas assets, and vice versa
• Every three to five years — as a general hygiene check, even if nothing major has changed

The Practical Fix

If you're getting married or entering a civil union, make a new will either before the ceremony (stating it's made in contemplation of marriage to your named partner) or as soon as possible after.

Don't assume your partner "will get everything anyway." Intestacy rules produce predictable results, but they're often not the results people expect — particularly in blended families where children from previous relationships are involved.

Our New Zealand End-of-Life Planning Guide includes an annual will review checklist that flags the life events requiring updates, walks you through the relationship property implications of each scenario, and helps you coordinate your will with your EPAs and advance care plan so everything stays aligned after major life changes.

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