How Divorce Affects Your Will

Automatic Revocation

When your divorce becomes final:

Gifts to your ex-spouse are automatically revoked

Appointments of your ex as executor are revoked

Other parts of the will remain valid

What Doesn't Change

Your will as a whole is NOT automatically cancelled. Other beneficiaries remain.

Why You Should Still Update

Redistribution Issues

If you left "everything to my spouse", where does it go now? The rules for intestacy (no valid will) may apply to that portion.

New Wishes

Your circumstances have changed:

New partner

Changed relationships with in-laws

Different priorities

Children's Interests

Consider:

Who should be guardian if you pass?

Trust arrangements

Age-appropriate inheritance

What to Include in Your New Will

Executor

Choose someone you trust. Not your ex.

Beneficiaries

Who do you want to inherit?

Children

New partner

Family members

Friends

Charities

Guardians

If you have minor children, nominate guardians.

Specific Gifts

Particular items to particular people.

Residuary Estate

What happens to everything not specifically mentioned.

Estate Planning After Divorce

Superannuation

Super is separate from your will. Check and update:

Binding death benefit nominations

Non-binding nominations

Life Insurance

Check beneficiaries on all policies.

Joint Assets

Update ownership of jointly held assets if needed.

Power of Attorney

If your ex was your attorney, update this immediately.

When to Act

Immediately After Separation

Even before divorce is final, consider:

Can you update your will now?

What happens if you die before divorce?

After Divorce

Priority: Update your will, super nominations, and powers of attorney.

Getting Help

Consider seeing:

A solicitor (for the will)

A financial planner (for super and insurance)

An accountant (tax implications of estate planning)

Updating Your Will After Divorce