Why It Matters When You Create Your Will

When couples begin thinking about marriage, it marks an important emotional and legal moment. It is a time of excitement, planning and imagining a shared future. It is also the point where your choices about what happens to your assets, your family and your wishes need to be recorded clearly. One simple but often overlooked part of this process is selecting the contemplation of marriage clause when you create your Will. This small step keeps your Will valid when you legally marry. 

What Contemplation of Marriage Means in Your Will 

In many legal systems, an existing Will is cancelled when you legally marry, unless the Will states that it was created in contemplation of that marriage. If this wording is not included, your Will may become invalid the moment you complete your marriage ceremony. 

Selecting the contemplation of marriage clause means your Will continues to reflect your intentions through this major life change. Your guardianship choices, gifts and directions remain active on your wedding day and after. 

Why This Matters for De Facto Couples 

Many couples live in de facto relationships and plan to marry in the future. However, the law does not treat every situation the same. If someone passes away after their Will has been cancelled due to marriage, and no updated Will is in place, it is viewed that they have passed away without a Will or intestate.  This can add challenges, delays and legal steps at an already difficult time, for the family left behind. 

If you know marriage is likely in your future, selecting the contemplation of marriage clause is an important way to keep your Will active when you take that next step. 

A Fictional Couple, A Common Situation 

The following story uses fictional characters, but the situation is one that couples have experienced. 

Miranda and Luke had been together for seven years. They shared a home, shared responsibilities and talked often about getting married someday. They created their Wills and felt they were taking a positive step to look after one another. 

When they reached the contemplation of marriage question, they paused. They were not engaged yet, so they assumed the option was not relevant right now. They moved past it, planning to revisit their Wills after a future wedding. 

Months later, Luke proposed during a quiet weekend away. Their wedding plans began, life became full and the thought of updating their Wills drifted into the background. 

A year later, they married surrounded by friends and family. The day was filled with joy. 

Three months after the wedding, Luke passed away suddenly. The loss was devastating. Soon after, Miranda faced a difficult discovery. Because they had married without selecting the contemplation of marriage clause, Luke’s Will was cancelled the moment they married. The Will they had created together no longer existed in the eyes of the law. 

This meant Miranda had to move through complicated legal steps at the same time she was grieving, because she was treated as if Luke had died without a Will. 

Situations like this happen more often than people realise. The contemplation of marriage clause is a small but important part of keeping a Will active through major life changes. 

Footprint makes this process easy by offering it as an option when you submit your Will. 

Why This Step Matters 

Selecting the contemplation of marriage clause is a small but powerful part of creating a Will. It prevents your Will from being cancelled at a time when paperwork may be far from your mind. It keeps your wishes clear as your relationship evolves and helps your partner avoid doubt or stress at a difficult time. 

Final Thoughts 

If you are in a de facto relationship, planning a proposal, already engaged, or simply know that marriage is in your future, make sure you select the contemplation of marriage option when creating your Will with Footprint. It is a thoughtful step that keeps your wishes active on your wedding day and after. 

If you think you need to update your Will or have any questions, the Footprint team is ready to assist.