Natalie Westbrook Lawyer


The Importance of Updating Your Will Post Separation But Pre Divorce



Unlike divorce, separating from your partner does not affect your Will. Should you pass away prior to updating your Will, and your pre-separation Will appoints your separated partner as executor and primary beneficiary of your estate, they can take on that role and will most likely inherit your estate. Under Victorian Law, an appointment of your separated partner as executor or as a beneficiary will only be revoked after divorce, not separation, so it is important to not wait until your property settlement is finalised.

Unless you want your separated partner managing your affairs in the event that you become incapacitated, It is also imperative to update your powers of attorney following separation. 

Making a Will is not a once in a lifetime job. It should be reviewed regularly and you should seek advice about your Will and estate planning when major changes occur in your life, particularly when there are changes in significant relationships. 

It is possible to make a Will in contemplation of divorce or marriage. Such a Will would still be valid after a subsequent divorce or marriage.

If you need assistance or advice as to whether your current Will is valid or you wish to prepare a new Will please contact Natalie Westbrook.