What Happens to Your Will After Divorce? Understanding the Legal Impact

~ Not legal advice~ Just great information.

When you go through a divorce, your will might not be the first thing on your mind, but it should be.

Many Australians don’t realise that divorce can automatically change how your will operates. In most states and territories, once your divorce is final, any clause that leaves assets to your former spouse, or names them as executor, is automatically revoked (i.e. is no longer effective legally). That means your ex may no longer inherit or control your estate, even if your will says otherwise.

However, as is the case with most legal rules, there are exceptions. If your will specifically states that it should remain valid even after divorce, those provisions may still stand. And if you separate but haven’t yet finalised the divorce, your will can still be valid, which means your ex could still inherit if something happens to you in the meantime.

That’s why updating your will after separation is essential. We can’t stress this enough! This is one step to help make sure your financial documentation and planning reflects your new circumstances and can help avoid costly disputes later on.

Here’s what to check:

• Who is listed as your executor (the person that would manage your estate under your will)?

• Who are your beneficiaries (the people inheriting your assets)?

• Are there any superannuation or insurance nominations that need updating too?

Think of your will as part of your broader financial and estate planning after divorce, alongside your power of attorney and beneficiary nominations in superannuation and insurance policies.

If you don’t make changes the law may decide for you, and the result could be very different from what you intended.

In short:
Divorce doesn’t just affect your relationship, it affects your legal and financial future. Reviewing your will is one of the simplest, most important steps you can take to protect yourself and your loved ones after separation.