Should I Change My Will After Divorce?

Change My Will After Divorce

You may be wondering, “should I change my will after divorce?”

We recommended that you make a new Will after separation. This is because if you pass away prior to the granting of the Divorce Order, the risk of your spouse inheriting any of your estate is high.

Any Will that you made during your marriage is nullified after the granting of your Divorce Order issued by the Federal Circuit Court.

If during your marriage you did not make a Will or it was an invalid Will, again, it is only after the Divorce Order is issued that the laws of intestacy can apply and your former spouse should not be able to inherit any of your estate after your death.

If, however, you did not create a new Will during this period, you should certainly change your Will after the Divorce Order.

Make a Will that reflects your new change of circumstances and your new intentions.

If you pass away, the Courts may not recognise your new intention if:

  • They believe you had the intention to leave your ex-spouse a gift
  • You re-published the Will after the Divorce Order and did not change the executor or appointment of gift(s)

There is a risk that if you do not change your will after the Divorce Order, your new intentions may not be carried out.

Instead of leaving these possibilities open to the Courts to decipher, it is safer to change your Will or make a new one after the granting of your Divorce Order to ensure, in writing, that your intentions with your estate after your death regarding your former spouse are clear.

For the same reason, if you did not have an existing will or it was invalid, ensure you make one.

change my will after divorce

Divorce
How To Get A Divorce?
How to get a divorce in Australia if married overseas?
Divorce Counselling
Should I Change My Will After Divorce?
Child Custody
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What is equal shared parental responsibility in Australia?
Sole Parental Responsibility
Changing A Child Custody Agreement
Child Relocation After Divorce
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What is Supervised Contact?
Child Passport After Divorce
Grandparents Rights
Property Settlement
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Coming To An Agreement Outside Of Court
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Financial Agreements
What is a Prenup?
What Are The Pros and Cons of Financial Agreements?
How Can I Get A Prenup Set Aside?
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Why do I need Family Court Consent Orders?
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5 Tips to Help Prepare for Family Mediation
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Domestic Violence
ADVO – Apprehended Domestic Violence Order
Remove My ADVO
What Is Child Abuse?
Father's Rights After Separation
Formalise Your Agreement
Tip's For Fathers
Mothers' Rights After Separation
De Facto Relationships
Definition of De Facto Relationship
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