Marriage, separation and divorce: how they impact your will

Life events such as marriage, separation, and divorce can profoundly impact your Will. Understanding these effects is crucial to ensure your wishes are honoured.

Marriage: In Victoria, marriage automatically revokes an existing Will unless it expressly states it was made in contemplation of that marriage. If someone marries without creating a new Will or including a contemplation of marriage clause in their existing Will, their estate will be distributed according to Victoria’s intestacy laws when they pass away. While this may not be an issue for first-time marriages, complications can arise if there are children from a previous marriage or others the Will maker wishes to provide for.

Separation: Does not alter a Will. This means any provision benefiting a separated spouse, including gifts or appointments as executor, remain effective. To prevent unintended inheritances, it is essential to revise your Will promptly upon separation.

Divorce: In Victoria, divorce does not entirely cancel a Will. Unless a contrary intention is expressed in the Will, divorce revokes gifts and appointments made to a former spouse—except where they are named as trustee for your children’s inheritance. The rest of the Will remains valid, making it crucial to review and adjust your estate plan after divorce.

Take Action: To ensure your estate is managed and distributed according to your wishes, it is imperative to review and update your Will during these life events.

Disclaimer: This article provides general information and is not a substitute for legal advice. For tailored guidance, contact one of our Wills and Succession Planning solicitors on (03) 5445 3333 or info@becklegal.com.au.