One year into their relationship Mark Watson signed a will leaving all to his de facto partner Esther Vrieze. Six years on, they married; each unaware that this marriage invalidated his earlier will, causing estate complications when Mark died nearly two decades later.
The rule that marriage invalidates prior wills is well-known to lawyers; not widely known by the general public.
Mark Watson’s estate was left holding a Hastings residential property on his 2024 death with widow Esther and their children left with no immediate right to continued occupation.
A change in legal status from de facto partners to married, meant Esther could not enforce terms of her late spouse’s earlier, now invalid, will.
The Wills Act recognises this problem. Wills made ‘in contemplation of marriage’ remain valid after a subsequent marriage.
The High Court was told Mr Watson’s will had no express wording stating it was made in contemplation of their marriage.
Justice McHerron ruled circumstance of their relationship implied Mr Watson’s will was signed in contemplation of a marriage, even though the marriage did not take place for six years.
Both Mr Watson and Ms Vrieze signed wills at the same time, on similar terms; each being a major beneficiary of the other’s estate. Ms Vrieze told the court this was done with the understanding they would later marry, confirming the solidity of their relationship.
Mr Watson’s invalid will was declared valid.
re Estate Mark Watson – High Court (18.11.24)
25.034