Do I need to update my Will if I have separated from my Spouse?

Separation is usually a difficult time for all involved, both emotionally and logistically. It is important to ensure that you have taken the necessary steps to protect yourself and your assets as you move forward.

In Queensland, your spouse can make a claim against your estate until your Divorce has finalised, regardless of whether or not you are still in a relationship. It is extremely important that you create a Will or revisit your current Will at separation to ensure that your assets are protected.

Read our article on What should I do when I separate from my Spouse for more information.

If you already have a Will

It is important that you revisit your Will as separation to ensure that your Will accurately reflects how you wish for your assets to be distributed in the event of your passing.

If your current Will includes provisions that benefit your former spouse, these will continue to remain in place regardless of separation. For this reason, it is extremely important that you update your Will if you no longer wish for your former spouse to benefit from your estate.

Once you have finalised your Divorce, some of the provisions contained within your Will no longer have effect, however you should seek legal advice to confirm whether this is the case for you.

If you do not have a Will

It is extremely important that you obtain a Will as soon as possible to ensure that your estate is distributed according to your wishes and not automatically transferred to your former spouse (noting that this can occur if you have no children together).

Other things to consider reviewing at separation

It is also important to note that superannuation benefits and insurance policies do not form part of your Will. Both of these should be reviewed to ensure that your wishes are accurately reflected and amended if necessary.

Contact us for more information on estate planning or to book a free legal advice session to find out your options.

This information does not constitute legal advice. You should consult with a lawyer to obtain independent legal advice relevant to your situation.

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