Wills and Same Sex marriage

With the legislation now allowing for same sex marriages, those in a same sex marriage must remember that unless a Will is stated to be made in contemplation of marriage, marriage revokes a will.

Those of you who have “tied the knot” would be well advised to revisit your Wills to ensure that your testamentary intentions are in place and will be carried out in the event of your untimely demise. The distribution of your assets according to the laws of intestacy (rather than your wishes) may not be what you want.

You should each also revisit any intentions provided to your superannuation funds such as next of kin nominations and/or Binding Death Benefit Nominations. You may need or should seek professional advice to assist in determining whether to include your superannuation entitlements in your estate following death or to leave the entitlements separate to be dealt with in accordance with a Binding Death Benefit Nomination remembering that there is a considerable difference between a Binding Death Benefit

Nomination and a Next of Kin Nomination. Self-Managed Superannuation Fund Members should also consider seeking professional advice on how to best deal with their entitlements.

Should you wish to revise your existing Will or create a new Will please contact Solari and Stock Miranda 8525 2700 or click here to request an appointment.

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