The effect that marriage, divorce or separation has on your Will

There are many significant moments in our lives, such as getting married, starting a family, navigating a breakdown in a relationship or getting divorced. All of these life events can drastically impact your Will.

You should be mindful to regularly review your Will to ensure that it is up to date and reflects your current relationship status. In this blog we explore the effects of each and the prompts you may need to create or update your Will.

Marriage and a Will

After weeks and months of planning the perfect day for you and your new spouse, the moment you say “I Do”, any Will you have becomes invalid. If you pass away without updating your Will, then your Will is invalid, and the laws of intestacy will dictate how your Estate will be distributed.

This may not be a significant concern if this is your first marriage; however, for those couples who have been married before or have children from previous relationships, passing away without a valid Will could have serious lasting consequences for those you leave behind.

There is an exception to this rule. If you have made a Will before getting married, and it is “made in contemplation” of your marriage to that spouse, it will not be revoked.

The solution? As part of your wedding checklist; add reviewing and updating your Will to your to-do list before the big day!

Separation and Divorce

For some, ending a relationship and legally getting divorced is just as important a day as when they got married. For some, it is a relief and a trigger point for them to move forward. However, separation and formal divorce have a different effect on your Will.

Leaving your spouse or partner does not affect your Will. If you have made a Will providing for that spouse or partner, and you both go your separate ways and have a formal or informal property settlement, then your Will and any distribution to each other remain legally valid.

During the period between separation and divorce, it is critical that you update your Will and consider the change in circumstances. You may not want your ex-partner to receive your Estate.

Legally getting divorced will invalidate any clauses that specifically refer to that ex-spouse. As the Will is not invalid (unlike upon marriage), your Will is left with several invalid clauses and potentially unaddressed assets that may need to be distributed partially under the laws of intestacy. This can be costly to resolve, and it may result in certain people benefiting from your Estate you otherwise would not have provided for.

The solution? Keep your Will front of mind when going through the motions of separation or divorce.

Update your Will with life changes

Should any major life events occur or your relationship status change, it is vital that you consider and review your Will and, where necessary, update it to reflect these changes. Updating your Will doesn’t need to be difficult, and your loved ones will thank you in the future for keeping it up to date.

If you would like to discuss or update your Will, please get in touch with our specialist Wills & Estates team at OFRM Lawyers on 03 5445 1000.