We are often asked if a change in relationship status will affect a person’s Will. The short answer is yes.
Marriage
If you and your partner get married, this revokes any previous Will you had created, unless the Will specifically states that the Will is made ‘in contemplation of’ the marriage.
Separation
Both separation and divorce have different effects on your Will. It is imperative that you review your will immediately after you separate from your spouse.
Separating from your spouse does not affect your Will. This means that if you were to pass away during the period after separation but before divorce (if applicable), the majority (or all of) your assets could potentially go to your former spouse.
Divorce
A divorce will invalidate all clauses in your will that refer to your former spouse, including clauses appointing them as your executor and any clauses leaving them gifts or the residue of your estate.
If you are getting married, going through a separation, or are simply seeking advice, please call to make an appointment.
MORGAN COUZENS LEGAL
If you would like more information about Wills or family law, please look at some of our previous blogs here:
When can I apply for a property division under the Family Law Act?
