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What if I made a Will during marriage and I'm now divorced?

Go to Previous Article - Estate Planning and Financial Agreements

If you made a Will during marriage and the marriage has now ended, you should make immediate plans to review your existing Will.

If you have divorced, you may find that:-

  • the whole of your Will (if you are in Tasmania or Western Australia); or
  • the specific provisions within your Will that confers benefits to an ex-partner (if you are in Queensland, New South Wales, Victoria, ACT, South Australia and the Northern Territory),

will be automatically revoked.

If you have appointed your former spouse to be the executor or trustee of your estate or you have conferred other powers on him or her, these powers may also be automatically cancelled, so it is essential that you update your will to reflect your current circumstances.

I made a Will prior to marriage.  Will my marriage affect my Will?

Marriage may also cancel your Will, except where your Will has been expressed to be made in contemplation of your marriage.  Your Will should contain a paragraph stating that you are intending to get married, naming the person whom you are intending to marry and stating that the Will is being made in contemplation or consideration of that marriage.

Go to Next Article - Contesting a Will under a family provision application

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