What happens to my inheritance when a parent remarries?

In Australia, the implications of a parent's remarriage on your inheritance can vary depending on several factors, including the existence of a valid Will, the terms of any prenuptial agreements, and the applicable laws of intestacy if there is no Will.

Here are some general considerations:

Existing Will: As a Will is automatically revoked when a person remarries, it is imperative your parent updates their existing Will after they remarry. If your parent has a valid Will in place at the time of their death, the terms of the Will dictate how their assets will be distributed upon their death. They may choose to leave assets to you, their new spouse, or other beneficiaries according to their wishes outlined in the Will.

Prenuptial Agreements: If your parent and their new spouse entered into a prenuptial agreement before getting married, the terms of the agreement may affect the distribution of assets upon death. Prenuptial agreements can outline how assets will be divided in the event of divorce or death, potentially safeguarding certain assets for specific beneficiaries, including children from previous relationships.

Intestacy: If your parent dies without a valid Will (intestate), the laws of intestacy in New South Wales will determine how their estate is distributed. In such cases, the spouse and children are typically entitled to a share of the estate according to a statutory formula. Remarriage can affect the distribution of assets under intestacy laws, potentially altering the entitlements of spouses and children.

If you believe you have not been adequately provided for in your parent's Will or the intestacy distribution, you may have the option to contest the estate through a family provision claim. This allows eligible persons, including children, spouses, and ex-spouses, to seek a greater share of the deceased's estate if they believe they have not been adequately provided for or if they have not been provided for at all.

It's essential to seek legal advice from a qualified Will Disputes Lawyer to understand how your parent's remarriage may impact your inheritance rights and to ensure your interests are protected. At Kells, our experienced and caring Will Dispute Lawyers will provide personalised advice based on your specific circumstances and help navigate any complexities related to estate planning, Wills, and making a Will, and challenging or defending an estate.

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