If you and your ex were never married, then:

1. your best steps to protect yourself are to make a new nomination for beneficiary with your superannuation fund and to make a new will; and
2. you should also consider getting advice about whether the Family Law Act 1975 (Cth) would apply to your relationship with your ex.

If you and your ex were married, then:

1. separation does not change your will – you need to change your will;
2. your best protection will be getting a divorce, but you will need to be separated for a total of 12 months before you can make that application and there will be a further period of roughly 13 months after a divorce order is made before you are fully protected;
3. in the meantime, make a new nomination with your superannuation fund and make a new will; and
4. get advice from a family law solicitor about the likely outcome of an application by your ex under the Family Law Act 1975.

It is important to note that even when you change your will:

1. your ex can still make an application under Part 4 Administration and Probate Act (in Victoria), on the grounds that a new will made inadequate provision for them; and
2. your ex’s application may be accepted if they are an ‘eligible person’ under section 90 of the Administration and Probate Act 1958 (Vic), and your ex would have been eligible to make a claim under the Family Law Act 1975 at the time you died.

Please feel free to get in touch to discuss any questions you have about ways you can ensure your estate goes to your chosen beneficiaries on (03) 5722 4681.