In Brief

Mar­riage, divorce and sep­a­ra­tion are all events which require you to change your Will.


Marriage

If you mar­ry it is imper­a­tive that you make a new Will.

If you mar­ry after you have made a Will, the Will is auto­mat­i­cal­ly revoked (or can­celled). The only excep­tion to this rule is if the Will is made in con­tem­pla­tion of mar­riage. If you are plan­ning to mar­ry in the near future and you wish to have a Will made in con­tem­pla­tion of mar­riage, you should obtain legal advice from your solicitor.

Divorce

Unlike mar­riage, divorce does not auto­mat­i­cal­ly inval­i­date a Will. Con­se­quent­ly, when a per­son divorces they should update their Will immediately.

A divorce only revokes or can­cels any gift to your for­mer spouse.

It also can­cels your for­mer spouse’s appoint­ment as Execu­tor, trustee or guardian in the Will but will not can­cel an appoint­ment of a for­mer spouse as trustee of prop­er­ty left on trust for ben­e­fi­cia­ries that include chil­dren of both you and your for­mer spouse.

How­ev­er, there is the abil­i­ty for a for­mer spouse to argue before the court that a deceased per­son did not intend that the Will be revoked by the divorce. A suc­cess­ful appli­ca­tion before the Supreme Court could see your Estate pass to your for­mer spouse, despite the fact that you divorced. Although it is rare for these appli­ca­tions to suc­ceed, it can occur. To avoid the risk of such a claim, upon divorce you need to have an updat­ed Will.

Separation

Unlike mar­riage and divorce, sep­a­ra­tion itself does not affect the valid­i­ty of a Will.

It is there­fore of the utmost impor­tance that upon sep­a­ra­tion you update your Will immediately.

There have been sev­er­al cas­es where a per­son has died dur­ing the peri­od between sep­a­ra­tion and divorce and their for­mer spouse has been enti­tled to the whole of the Estate, either due to a fail­ure to update the Will or by not hav­ing a Will in place at all.

Con­clu­sion — Ensure your Will is kept current

I can­not stress enough the impor­tance of hav­ing a cur­rent Will. Wills should be reviewed at every sig­nif­i­cant event in one’s life but it is imper­a­tive that it is done prompt­ly upon mar­riage, divorce and separation.

For fur­ther infor­ma­tion please contact:

If you would like to repub­lish this arti­cle, it is gen­er­al­ly approved, but pri­or to doing so please con­tact the Mar­ket­ing team at marketing@​swaab.​com.​au. This arti­cle is not legal advice and the views and com­ments are of a gen­er­al nature only. This arti­cle is not to be relied upon in sub­sti­tu­tion for detailed legal advice.

Publications

The Expand­ing Scope of Devel­op­er and Builder Lia­bil­i­ty: Own­ers Stra­ta Plan No 66375 v King [2018] NSW­CA 170

The New South Wales Court of Appeal’s deci­sion in The Own­ers Stra­ta Plan No 66375 v King remains one of the…

Pay­day for liquidators!

Orders sought, orders made, liq­uida­tors ful­ly paidIn the recent mat­ter of Shield Resources Pty Ltd (in liq) and Shield Hold­ings South Aus­tralia…

The extend­ed 6 year lim­i­ta­tion peri­od for SSMA sec­tion 106 stra­ta claims is not retrospective

In the recent deci­sion of John Goubran & Asso­ciates Pty Ltd ACN 070 974 819 v The Own­ers – Stra­ta Plan 5715…

In the News

Michael Byrnes appeared on McK­night Tonight with Robert McK­night on 12 May 2026 to dis­cuss the lat­est court doc­u­ments in the sep­a­rate legal pro­ceed­ings com­menced by Kyle Sandi­lands and Jack­ie O’ Hen­der­son against ARN

Michael Byrnes appeared on McK­night Tonight with Robert McK­night on 12 May 2026 to dis­cuss the lat­est court doc­u­ments in the…

Michael Byrnes appeared on the Game Chang­ers Radio pod­cast host­ed by Craig Bruce and Irene Hulme on 8 May 2026 to dis­cuss the lat­est devel­op­ments in the sep­a­rate legal pro­ceed­ings com­menced by Kyle Sandi­lands and Jack­ie O’ Hen­der­son against AR

Michael Byrnes appeared on the Game Chang­ers Radio pod­cast host­ed by Craig Bruce and Irene Hulme on 8 May 2026 to…

Michael Byrnes appeared on the Game Chang­ers Radio pod­cast host­ed by Craig Bruce and Irene Hulme on 30 April 2026 to dis­cuss the state of play in the sep­a­rate legal pro­ceed­ings com­menced by Kyle Sandi­lands and Jack­ie O’ Hen­der­son against ARN.

Michael Byrnes appeared on the Game Chang­ers Radio pod­cast host­ed by Craig Bruce and Irene Hulme on 30 April 202…

Sign up for our Newsletter

*Mandatory information