Update your Will after separation or divorce in Queensland

If you need to update your Will after separation or divorce, it is important to review your estate planning arrangements as early as possible.

Changes in relationship circumstances can significantly affect how your estate is managed and distributed in the future. However, many people are unaware that separation and divorce can impact a Will in different ways under Queensland law.

In Queensland, divorce automatically revokes any gifts or distributions made to a former spouse under a Will. It also removes their appointment as executor.

Further information about Wills and estate planning is available through the Queensland Government website.

However, the remainder of the Will generally stays valid. Divorce does not automatically revoke the appointment of a former spouse as trustee of property held on trust for beneficiaries.

Updating your Will after separation but before divorce

If you and your partner are separated, but the divorce has not yet been finalised, your Will may still operate exactly as it currently stands.

This means your former spouse could still:

• Inherit under your Will
• Make a claim against your estate
• Act as executor and administer your estate after your death

Because of this, separation alone is often not enough to protect your wishes if your estate planning documents have not been updated.

Why you should update your Will after separation

If your relationship has ended, reviewing your estate planning documents can help ensure your wishes remain current and legally effective.

You may decide to:

• Remove your former partner as a beneficiary
• Appoint a different executor
• Update who will inherit your assets
• Review provisions made for children or other family members

These decisions can significantly affect how your estate is managed and distributed in the future.

Updating your Will after a de facto separation

The situation can be similar for de facto relationships.

However, because there is often no clear legal date marking the end of a de facto relationship, it can become even more important to review your Will once the relationship has ended.

Without updated estate planning documents, disputes or unintended outcomes may arise later.

Updating your Enduring Power of Attorney

It is also important to review your Enduring Power of Attorney if your former partner has been appointed to that role.

Updating this document can help ensure they are no longer authorised to make decisions regarding your:

• Finances
• Personal matters
• Health care decisions

This is an important step that is sometimes overlooked after separation.

Learn more about Enduring Powers of Attorney

Reviewing your superannuation

Superannuation does not always automatically form part of your estate.

Because of this, it is important to review and update your nominated superannuation beneficiaries separately if your relationship circumstances have changed.

If those details are not updated, your former spouse may still receive your superannuation benefits.

Regularly reviewing your estate planning

Even without major life changes, it is a good idea to review your Will and estate planning documents regularly.

Changes in relationships, finances, family circumstances, or legislation can all affect whether your current arrangements still reflect your wishes.

Consulting with an experienced Wills and Estates lawyer can help ensure your estate planning documents remain valid, effective, and aligned with current legislation.

How GLG Legal Springfield can help

GLG Legal Springfield can assist with all aspects of estate planning, including Wills, Enduring Powers of Attorney, and estate administration.

To learn more about our Wills and Estates services, visit:
GLG Legal Springfield Wills and Estates services

To arrange an appointment, contact GLG Legal Springfield on (07) 3288 3511 or email info@springfieldlegals.com.au.