How does marriage or divorce affect my Will?

Marriage and WillsMany Australians are unaware that their Will becomes invalid when they get married. If you fail to update your Will, all or a big part of your estate may be given to your spouse after your death. If you have children from a previous marriage or other people you wish to leave all or part of your estate to, this can become a problem.
Unless you made a Will prior to marriage that expressly states it is made “in contemplation of marriage” your Will becomes invalid. Therefore you need to update your Will if you marry.
Divorce and WillsUnlike divorce, separation alone does not have any effect on your Will. If you fail to update your Will after separation and you pass away, your spouse may still inherit any property you left to him or her. Divorce will have an impact on your will, but it does so differently in each state and territory. In New South Wales a divorce revokes part of the will by revoking your former spouse as your executor or any gift left them, unless the court finds that you intended to leave your former spouse a gift.
Don't leave it to the court to make a decision. Make a new Will after your divorce to ensure your intentions in relation to your former spouse are clear.

Wills Packages

Wills and Codicils
A will is a legal document that sets out your wishes for how your assets are to be distributed after your death.
Your will is one of the most important documents you will ever sign. It is important that it is carefully prepared by an experienced lawyer, rather than relying on a do-it-yourself document that may not properly reflect your wishes or comply with legal requirements.
A codicil can be used to make minor changes to an existing will, such as changing or appointing an executor, or leaving a specific gift to a particular person.
Enduring Guardianship and Power of Attorneys
A power of attorney is a legal document that allows you to appoint a person of your choice to manage your financial and legal affairs while you are alive.
An enduring guardianship appointment allows you to appoint someone to make lifestyle, health and medical decisions on your behalf if you are no longer able to make those decisions for yourself.
It is important that these documents are carefully prepared and executed correctly, so they are valid and effective when they are needed.
At Smart Choice Law, we can assist you with preparing these important estate planning documents with care and attention to your individual circumstances.
Our package deals
We offer estate planning packages for individuals and couples, which may include:
Simple willsPowers of attorneyEnduring guardianship appointments
If you would like to find out more about our estate planning packages. Contact our office for a an obligation-free quote
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***Disclaimer***Any articles on our websites are for general information purposes. only and do not constitute legal advice or any other professional advice