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

Strata Plan 92183 v Samdora Pty Ltd [2026] NSWSC 406 | 'Substantive Control' over Works & s37 of the DB&P Act

In this case, the plain­tiff (Stra­ta Plan 92183) brought pro­ceed­ings alleg­ing defec­tive res­i­den­tial build­ing work in rela­tion to 9 town hous­es…

Dis­clo­sure: When is enough enough?

Dis­clo­sure, the fam­i­ly law equiv­a­lent of dis­cov­ery in oth­er kinds of civ­il pro­ceed­ings, is a foun­da­tion­al part of fam­i­ly law matters. The Fed­er­al…

When Judges return to prac­tice: a clos­er look at the deci­sion in Tan­it & Tanit

In the Fed­er­al Cir­cuit and Fam­i­ly Court of Aus­tralia, being a Fed­er­al Court, the com­pul­so­ry retire­ment age of Judges is 70 years…

In the News

Michael Byrnes is quot­ed in the arti­cle, Kyle Sandi­lands to get $12m in set­tle­ment with ARN after court stoush”, pub­lished in The Aus­tralian on 17 June 2026

Michael Byrnes is quot­ed in the arti­cle, ​“Kyle Sandi­lands to get $12m in set­tle­ment with ARN after court stoush”, pub­lished…

Michael Byrnes appeared on McK­night Tonight with Robert McK­night on 17 June 2026 to dis­cuss the set­tle­ment of the pro­ceed­ings brought by Kyle Sandi­lands against ARN (from 22:45 to 41:25)

Michael Byrnes appeared on McK­night Tonight with Robert McK­night on 17 June 2026 to dis­cuss the set­tle­ment of the pro­ceed­ings…

Michael Byrnes is quot­ed in the arti­cle, “ Text­book exam­ple’: Work­place lawyer reveals who win­ners’ are in Kyle Sandi­lands’ set­tle­ment with for­mer employ­er ARN”, pub­lished on the Sky News web­site on 17 June 2026

Michael Byrnes is quot­ed in the arti­cle, “ ​‘Text­book exam­ple’: Work­place lawyer reveals who ​‘win­ners’ are in Kyle Sandi­lands’ set­tle­ment with…

Sign up for our Newsletter

*Mandatory information