Updating Your Will After Separation or Divorce
Separation and divorce bring big changes, both emotionally and legally. One important step that’s often overlooked during this time is updating your Will.
If you’ve separated or recently divorced, your Will may no longer reflect your wishes. You might still have your former partner listed as a beneficiary or executor, or they may still be nominated under your powers of attorney. These are the kinds of details that can cause complications down the track if they’re not reviewed.
Why It Matters
In Victoria, separating from your spouse or partner does not automatically revoke your Will. That means:
Your ex may still inherit from your estate
They could still act as your executor
They may still be listed in your powers of attorney or other legal documents
Once a divorce is finalised, any references to a former spouse in your Will are generally treated as if they no longer apply. But this doesn’t affect everything — and relying on that can leave you exposed to unintended outcomes.
When Should You Update Your Will?
You should consider updating your Will:
As soon as you separate
Once your divorce is final
If you enter a new relationship
If you’ve named your ex in a power of attorney
When you have children, or if your children are now adults
What Needs to Be Reviewed?
Here are the most common documents that need attention after separation or divorce:
1. Your Will
It’s usually best to revoke your old Will and start fresh. This ensures that there’s no confusion or risk of an outdated version being used.
2. Powers of Attorney
If your ex-partner is named as your financial or medical decision-maker, this should be changed. These documents don’t automatically lapse after divorce.
What Happens If You Don’t Update It?
If your estate plan isn’t updated, your former partner may remain entitled to a portion of your estate. Even if they’re not named, they may still be able to make a claim — particularly if the separation was recent, or if there were unresolved financial matters at the time of your death.
Updating your Will and related documents reduces the risk of legal challenges and helps ensure your wishes are carried out clearly.
We’re Here to Help
We offer practical legal advice tailored to your personal and family circumstances. To book a confidential appointment, contact Alpine Legal today.