What happens to my will after a divorce?” and “Do I need to update my will after my divorce?” are questions we often receive at James Noble Law.
As Divorce is such a life-altering event emotionally, financially, and legally it is easy to overlook a crucial step: updating your Will.
In Queensland, the law makes certain automatic changes to your Will following divorce but it doesn’t go far enough. Failing to revise your estate planning documents can lead to unintended outcomes, including your former spouse receiving assets or having control over your affairs.
Here’s why you should consider drafting a new Will after your marriage ends and what Queensland law says about it.
It is crucial to update your will as under the Succession Act 1981 (Qld):
However, the rest of the Will remains valid. This means that if your Will named your ex-partner as executor and left them a significant portion of your estate, those specific parts will no longer apply after divorce. But other outdated or inappropriate clauses (such as secondary beneficiaries, guardianship of children, or superannuation directions) might still remain.
And here’s the key catch: separation alone does not revoke or affect your Will. If you are separated but not legally divorced, your spouse may still be entitled to inherit under your current Will or even under intestacy laws if you die without one.
Even after the Court finalises your divorce and property settlement, your Will might no longer reflect your wishes. Here’s what could go wrong if you don’t update it:
The ideal time to review your estate planning is:
Even if you’re in the middle of separation proceedings, it’s wise to speak to a family lawyer and an estate planning lawyer as soon as possible to ensure your wishes are protected during the interim period.
At James Noble Law, we work to ensure our clients’ post-separation legal documents are up to date. If you’ve recently separated, divorced, or completed a property settlement, now is the time to contact us to aid in reviewing your Will and related documents.
Let us help you move forward with peace of mind, knowing your wishes and your loved ones are properly protected.
Look no further than James Noble Law. Our expert team of Family Lawyers in Brisbane, and Lawyers in Cairns, are ready to assist. Enjoy a complimentary 20-minute consultation no strings attached.
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