Divorce, separation and your Will

Short answer: Divorce generally cancels any gift to your former spouse and their appointment as your executor, but the rest of your Will stays in force. Separation on its own usually does not change your Will at all, so your former partner may still inherit until you update it.

Separated but not yet divorced

In Australia you must usually be separated for at least 12 months before applying for a divorce. During that time, your existing Will (and the intestacy rules, if you have no Will) may still favour your spouse. Many people are surprised by this. If you have separated, update your Will now rather than waiting for the divorce.

What a divorce changes, and what it doesn't

• Gifts to your former spouse are generally revoked, as if they had died before you.
• Their appointment as executor or trustee is generally revoked.
• Everything else in your Will continues to apply, which can leave gaps or unintended results.
• In some States and territories, the end of a de facto relationship can have a similar effect.

Don't forget assets outside your Will

• Superannuation: your death benefit nomination may still name your former partner. Contact your fund.
• Jointly owned property: property held as joint tenants passes automatically to the surviving owner, regardless of your Will, until the title is changed.

Children from the relationship

If your children are under 18, consider nominating a guardian and whether a testamentary trust should hold their inheritance, so that money left to them is managed by someone you trust.