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.
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.
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More Free Resources
Helpful resources and information in Family Law, Divorce, Parenting Matters, Child Support, Domestic Violence, Legal Aid and other useful links.