Changing My Will After Divorce


Changing  My Will After Divorce


You may be wondering, “is changing my will after divorce a good idea?”

We recommended that you make a new Will after separation.

The first reason 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 and Family Court of Australia.

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.

The second reason is that you should 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)

The third reason is that 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 a will in Australia.

Any Questions?
Speak to One of Our Lawyers.