Did you know that if you have an existing Will when you divorce (or marry for that matter) your Will automatically becomes null and void?

 

The risks of not changing your Will

You may wish to make a new Will as soon as you are separated because if you have left part of your estate to your ex-partner and you were to die before you were divorced, your existing Will still stands until you divorce.

If your ex-partner is nominated as the executor of your Will, they retain this role while you are separated but not divorced unless you do not retire them from the position and appoint a new executor. As executor, an ex-partner may not distribute your estate to reflect your altered life circumstances and current wishes, so it is important to decide whether or not you wish them to remain in that position.

 

Interim Wills

You can draw up a simple Will to suffice throughout the separation period which would also become null and void once you are divorced.

Alternatively, you may wish to engage the assistance of a Wills specialist to ensure that any Will you put in place after you are separated remains valid after your divorce is granted. This may be complex if you have not reached a property agreement and do not have exact details of your asset pool.

 

Contested Wills and dying Intestacy

If your ex-spouse was the executor of your Will when you were married and you die having divorced but not written another Will, you may be considered to have died Intestacy, (without a Will) and this may lead to the Court appointing someone else to administer your estate.

Any gifts you have bequeathed will fall into the residue of your estate and may not be distributed how you would have wanted.

As well as your Will, you should also draw up a new Power of Attorney and Enduring Power of Attorney upon your separation - unless you want your ex-partner in control of whether or not to turn off your life-support machine.

 

More reading:

Thinking about your will? Wondering whether you are obliged to provide for an estranged child?

Helping your business survive through death and divorce

Will Power! Is the ex-wife entitled to the estate?

Perception of high spending causes relationship conflict, even if it’s untrue

5 things nobody tells you about divorce

50 things I’ve done since my divorce that you should do too

 

Published by, Christine Weston
Founding Director and Creator of Divorce Resource
Australian Nationally Accredited Mediator and Divorce Coach

The information in this article is general in nature and should not be considered as professional advice. You should seek the advice of a registered professional who will be able to appropriately assess your specific circumstances before offering their expert opinion.