- Post Title
- Should I Update My Will After Separation? | JCL Legal Sydney
- Posted Time
- 02/19/2021
- Author
- Jeffrey Choy
- Advertiser
- Jeffrey Choy
About this post
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Whether you are getting married for the first time or you’ve recently separated from a previous partner, it is important that you know how these life events may impact your will. You must update your will if you are married and have recently separated from your spouse.
Simply because you have separated, does not automatically mean that your former partner will no longer be able to inherit your assets.
It is usually recommended that you make a new will as soon as possible after you separate and further, that you either review that will after your divorce, or if you did not make a new will after you separated, that you make a new will after your divorce.
In New South Wales, the act of becoming legally married to someone automatically revokes any previous will that you have made. If you pass away without making a new will after the date of your marriage, you will pass away “intestate”, which means that you do not have a valid will at the time of your death and your estate will be given to your relatives in accordance with the law.
Under the current intestacy laws of New South Wales, your spouse is the first person entitled to your estate and in most circumstances, your spouse will receive all or the vast majority of your estate.
Whilst this operation of the law may not be an issue for many first-time marriages, it may cause problems for people who have children from a previous relationship or other people for who they are responsible to provide.
There is an exception to this rule. Where your will is expressed to be made in contemplation of a marriage to someone, then your will is not automatically revoked upon your marriage to that person.
Separation from your husband or wife does not have any impact on your will. If you have recently separated from your partner and you are currently in the one-year waiting period to be able to get divorced, it is incredibly important that you update your will as soon as possible to reflect your new wishes!
If you pass away without updating your will after you’ve separated, your former husband or wife will inherit any property that was gifted to them in your previous will. If your previous will nominated your former husband or wife as your executor, they will be in control of the administration of your estate.
In New South Wales, the act of becoming formally divorced will also automatically revoke your will, but not in the same way that marriage does.
Divorce from your former husband or wife will only revoke those parts of your will that have appointed your former husband or wife as the executor or trustee of your will or gifted them any of your assets – which is good news for you if you forget to update your will during the separation period.
However, becoming divorced does not revoke any appointment of your former spouse as the trustee of any property that has been left on trust for the beneficiaries in your will, such as your minor children. This means that, even though your former spouse will not receive any benefit from your estate, they may end up as the person responsible for managing the inheritance for your minor children until they become adults.
A similar exception exists for this rule, and where your will is expressed to be made in contemplation of your divorce then it will not be automatically revoked when your divorce becomes formal.
You can significantly disadvantage yourself by trying to take on all the work associated with your separation on your own without consulting a professional. Absolute accuracy is vital when filling out paperwork and documentation and you will be subject to strict submission deadlines. Negotiations and property settlement can be lengthy and depending on your relations with your partner, unpleasant or distressing.
A good family lawyer like JCL Legal will be able to assist you with any divorce or separation issues in an efficient manner. To better your chances of meeting your goals in a timely manner, they can handle negotiations on your behalf and if needed, represent you in family court.
During these uncertain times, if you're looking for the best family lawyer in Sydney, NSW, Jeffrey is available by mobile phone. Please call him on 0419 233 670.
sources: marsdens.net.au, couttslegal.com.au, diyfamilylawaustralia.com
Simply because you have separated, does not automatically mean that your former partner will no longer be able to inherit your assets.
It is usually recommended that you make a new will as soon as possible after you separate and further, that you either review that will after your divorce, or if you did not make a new will after you separated, that you make a new will after your divorce.
During these uncertain times, if you're looking for the best family lawyer in Sydney, NSW, Jeffrey is available by mobile phone. Please call him on 0419 233 670.
Getting Married
In New South Wales, the act of becoming legally married to someone automatically revokes any previous will that you have made. If you pass away without making a new will after the date of your marriage, you will pass away “intestate”, which means that you do not have a valid will at the time of your death and your estate will be given to your relatives in accordance with the law.
Under the current intestacy laws of New South Wales, your spouse is the first person entitled to your estate and in most circumstances, your spouse will receive all or the vast majority of your estate.
Whilst this operation of the law may not be an issue for many first-time marriages, it may cause problems for people who have children from a previous relationship or other people for who they are responsible to provide.
There is an exception to this rule. Where your will is expressed to be made in contemplation of a marriage to someone, then your will is not automatically revoked upon your marriage to that person.
Recently Separated
Separation from your husband or wife does not have any impact on your will. If you have recently separated from your partner and you are currently in the one-year waiting period to be able to get divorced, it is incredibly important that you update your will as soon as possible to reflect your new wishes!
If you pass away without updating your will after you’ve separated, your former husband or wife will inherit any property that was gifted to them in your previous will. If your previous will nominated your former husband or wife as your executor, they will be in control of the administration of your estate.
Formally—Or Finally—Divorced
In New South Wales, the act of becoming formally divorced will also automatically revoke your will, but not in the same way that marriage does.
Divorce from your former husband or wife will only revoke those parts of your will that have appointed your former husband or wife as the executor or trustee of your will or gifted them any of your assets – which is good news for you if you forget to update your will during the separation period.
However, becoming divorced does not revoke any appointment of your former spouse as the trustee of any property that has been left on trust for the beneficiaries in your will, such as your minor children. This means that, even though your former spouse will not receive any benefit from your estate, they may end up as the person responsible for managing the inheritance for your minor children until they become adults.
A similar exception exists for this rule, and where your will is expressed to be made in contemplation of your divorce then it will not be automatically revoked when your divorce becomes formal.
Get Expert Legal Advice From JCL Legal
You can significantly disadvantage yourself by trying to take on all the work associated with your separation on your own without consulting a professional. Absolute accuracy is vital when filling out paperwork and documentation and you will be subject to strict submission deadlines. Negotiations and property settlement can be lengthy and depending on your relations with your partner, unpleasant or distressing.
A good family lawyer like JCL Legal will be able to assist you with any divorce or separation issues in an efficient manner. To better your chances of meeting your goals in a timely manner, they can handle negotiations on your behalf and if needed, represent you in family court.
During these uncertain times, if you're looking for the best family lawyer in Sydney, NSW, Jeffrey is available by mobile phone. Please call him on 0419 233 670.
Contact JCL Legal now! We are a law firm that cares about your needs.
sources: marsdens.net.au, couttslegal.com.au, diyfamilylawaustralia.com