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How do I make sure my ex won’t get my assets if I die?

January 29, 2025 By Morgan Couzens Legal

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 (03)57224681. 

MORGAN COUZENS LEGAL


For more information about Wills and Estates, check out our past blogs below:

My parent hasn’t included me in their will, what can I do?

Can I keep the contents of my Will confidential?

If you’re interested in any of our other blogs, click the link below:

https://morgancouzenslegal.com.au/category/blog/


The information provided in this blog is produced for guidance purposes only and is not legal advice. The information contained in this blog is based on the current state of the law at the time of writing. The law may have changed since this blog was written.
Morgan Couzens Legal does not accept liability for any loss or damage arising from reliance on the content of this or any blog produced by Morgan Couzens Legal. Liability is limited by a scheme approved under Professional Standards Legislation.
Legal advice should be sought for your individual circumstances. For advice tailored to your individual circumstances, please contact us by telephone on (03) 5722 4681.

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