Divorce is a difficult process, both emotionally and legally. It can also affect your estate planning documents like wills. In Queensland, divorce does not automatically revoke or cancel a will. However, if you make a new will after the date of separation it could be seen as revoking any earlier versions of the will.
When considering whether to update your existing will following divorce, there are several factors to consider:
- Does your ex-spouse remain in possession of any assets that were awarded to them through the divorce? If so, those assets should still be included in your updated version of the will.
- Are there children from the marriage who would benefit from being named as beneficiaries in your updated version?
- Are there any other changes that need to be made, such as changing the executor of your will or removing a beneficiary?
It is important to remember that if you do make an updated version of your will after separation, it must still comply with all legal requirements. This means it must be witnessed by two independent people and signed in front of them. Store it safely to prevent tampering or destruction.
If you are unsure about how divorce could affect your estate planning documents. Then speaking to an experienced lawyer may help provide clarity on the matter. They can advise you on how best to update your existing will ensuring you are performing on a legal basis.
Ultimately, divorce does not automatically revoke a will in Queensland. However, if you make an updated version of your will after the date of separation. It can be seen as revoking any earlier versions.
It is important to consider all factors and consult with a lawyer. When making changes to your existing wills or estate planning documents following divorce.
