Is my Will revoked when I separate from my husband or wife?
The majority of married couples make Wills where they appoint each other as Executors and make each other the sole beneficiary of each other’s Will.
On separation, a person may no longer want their separated spouse administering or benefiting from their Will. However, some people wrongly hold the view that, on separation, their Will is revoked and their spouse will not have any involvement with their Estate.
According to the Wills Act 1997 (Vic), your Will is not revoked entirely at divorce. Any other appointments or bequests that are made to those other than your former spouse will remain.
Separation from your spouse has no effect on your Will. Only marriage and divorce have the ability to revoke a Will (or elements of it.)
I regularly see the shocked looks from clients when they realise that the spouse they have separated from will still be a beneficiary of their Will.
If you have a Will that includes your separated spouse and you wish for them to be excluded, it is probably time to update your Will and revoke your previous Will.
You also need to consider whether your separated spouse has been appointed by you as your:
Medical Treatment Decision Maker
Financial Power of Attorney
Personal Power of Attorney.
If you have appointed your spouse for any of the above positions, you may wish to revoke these appointments and execute new documents.
Written by Mark Murnane.
DISCLAIMER: This article is provided for general information purposes only. It does not constitute specific legal advice or opinion. Although our aim is to provide you with as accurate information as possible, you should not act or rely upon the information in this article without seeking the advice of an experienced lawyer who specialises in the particular area of law relevant to your inquiry. Please do not to hesitate to contact Murnane Legal to make further inquiries or to make an appointment to discuss the specifics of your situation.
