Why You Must Update Will After Separation
Following a separation or divorce this is often a very emotional and challenging time. In some cases, important things are overlooked and important legal matters are overlooked, one of which could be the updating of your will and other important estate documents such as your power of attorney. This is an important consideration to look at after separation or divorce as a failure to update your will or other documents can have serious consequences for your loved ones and indeed for your estate.
Here are the top five reasons that you need to be aware of:
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It Is Highly Likely Your Ex Is Named As Your Executor
If your ex is named as executor in your will and you have not provided an update after separation or divorce, this means that they will be responsible for the full administration of your estate should something happen to you. This could include things such as managing the inheritance of any minor children, claiming the actual inheritance if they are still a beneficiary and other important legal matters. Whilst you are still alive but become incapacitated, if your power of attorney names them as your attorney, then this may mean that they have access to important legal documents and can sign financial documents on your behalf including attending at the bank or in relation to your tax affairs. After separation or divorce, its highly likely that you would not want our ex to be your executor or your named power of attorney and these documents should be updated as soon as possible. Updating your will allows you to appoint someone else that you trust as your executor immediately and it also allows you to appoint someone that you trust immediately to be your named power of attorney.
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Your Ex Is Likely To Be Named As A Beneficiary
If you separate or divorce and you have not updated your will, in addition to being executor its highly likely your ex would be named as a beneficiary as this is normal during the course of a long term relationship. If the will is not updated before you die, this means they could potentially inherit assets even if you no longer want them to receive those assets. We recommend that you urgently update your will even during the process of property settlement
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Your Children’s Guardianship May Need To Be Updated
Often after separation, parties may wish to look at an update as to who they would like to look after their children if something happens to them. This could be particularly important if you had previously nominated your ex partner or members of their extended family as in some cases you may no longer have a relationship with them following separation or divorce.
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Your Wishes May Have Changed
It is incredibly important to update your will and estate plan after separation and divorce as its highly likely your wishes would have changed following the break down of your relationship. For example you may wish to now leave everything to your children or it could be that you have repartnered and wish to include details for your new partner and/or spouse. Updating a will ensures that your current wishes are given effect and that our estate team can guide you through the process of updating other documents such as your power of attorney, nominations on your super fund and other important insurance documents.
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Your Assets May Have Changed
After separation or divorce, depending on the process of your financial separation, its highly likely that your assets may have changed and things may have been sold or new assets acquired, such as the family home. When you are preparing your new will the assets can then be properly distributed in accordance with your current circumstances so that no assets are left out and any assets still held jointly with your ex we can ensure are looked at individually and would prevent the automatic passing to your ex on your death particularly for the family home prior to sale or transfer.
As listed above, these are just some of the considerations as to why you should be looking at updating your will and estate plan after separation. Please contact our expert team for further assistance.
To get ready for your will appointment, check out our easy guide see link below so you get the most out of your appointment.
https://rafton.com.au/wp-content/uploads/2025/08/preparing-for-your-will-handout-download.pdf
For more information on severing tenancy after separation for the family home or other real property investments see the website of land registry services NSW.
Rafton Family Lawyers – updating your will is a good idea after separation or divorce.