What effect does divorce have on my Will?
In a previous article, we discussed the impact that a marriage has on a Will and the possible problems that may arise.
Another question that regularly gets asked is - what effect does divorce have on my Will?
In Victoria, if your Will appoints your former spouse as an Executor and/or makes them a beneficiary, the Wills Act 1997 (Vic) will revoke the appointments and bequests made to your former spouse.
However, if you clearly state in your Will that you do not wish for the appointments and bequests of your former spouse to be revoked on divorce, then they will remain post-divorce.
At divorce, your Will is not revoked entirely.
Any other appointments or bequests that are made to those other than your former spouse will remain.
If you do not have any other appointments or bequests in your Will (other than your former spouse), in effect, your Will has been revoked.
Furthermore, prior to your divorce, you may have appointed your former spouse as your Enduring Power of Attorney. To remove your former spouse, a document will be required to be completed that revoke their appointment as an Attorney. If you wish to appoint a new attorney, Enduring Power of Attorney documents will be required to be completed.
If you have become divorced and have not made a Will since your divorce, it may be wise to update your Will.
In updating your Will, you can appoint new Executors and review who your beneficiaries are. This will assist the Executors with a smooth Probate application process and will make the Will clearer to the Executors as to how to administer your Estate.
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.
