Life evolves quickly, and so should your Will. 

When you experience a major life event, altering or updating your Will should be the next step on your to-do list. Whether you’re planning a wedding, going through a separation, or blending families, these life changes can seriously impact how the law will treat your Will. 

If you don’t review and update your Will regularly, you run the risk of someone contesting a Will or challenging a Will. Your ex-spouse or one of his/her children could become an unintended beneficiary because you never updated your Will to reflect relationship changes. It’s essential that you take professional advice and use reputable Will and Estate lawyers to create your Will. Likewise, if you believe you have been unfairly treated, you should take legal advice before you launch a challenge or contest a Will.

Why updating your Will after a life change is critical 

Crafting your Will to avoid a Will estate dispute isn’t why you should have a Will, but it is an important part of the process. The more detailed and concise your Will is, the less likely a Will dispute. Your Will is a living document that should accurately reflect your circumstances and relationships. 

By maintaining an outdated Will, you run the risk of leaving out cherished family members, and you run the risk of including people you don’t want to benefit from your death. An outdated Will increases the risk of disputes among family members and Family Provision claims from those who were overlooked. Not only will it reduce conflict, it will ensure your loved ones are protected in a highly emotional time. Your loved ones deserve certainty, and you can give them that by regularly updating your Will and communicating your wishes to your family.

If you live in New South Wales, discuss the concept of notional estate with your lawyer to understand how that will influence your estate. 

What The Law Says About Your Marriage And Will

Certain Australian jurisdictions (NSW included) will revoke an existing Will due to a new marriage unless you made the Will with the upcoming nuptials in mind. However, if you do not update your Will after marriage, intestacy laws will step in to decide who will inherit your estate. While they will consider eligible persons, it could exclude your intended beneficiaries. If your Will pre-marriage left everything to your siblings, intestacy would likely award your estate to your new spouse rather than your siblings.

You should also consider joint assets like tenancy that pass outside the Will, and make sure you update your superannuation beneficiary.

Separation and Divorce: Where Your Will Could Fail 

In New South Wales, a divorce immediately overrides prior decisions about your former spouse acting as your executor or an appointment as your beneficiary. However, a separation alone is not sufficient to automatically change your Will, so you should change your Will as soon as you separate. Otherwise, you run the risk of an estranged partner taking on the executor role or benefitting from your death. 

You should always review your super nominations and enduring powers of attorney after a breakup, marriage, or other major life change.

Blended Families: Protecting Your Loved Ones

With a blended family, the challenge is balancing the needs and expectations with your children from previous relationships with the needs and expectations of your new spouse and any potential children you share. There is a legal risk of Family Provision claims from several parties, including stepchildren, depending on where you live. 

There are plenty of ways to provide for everyone without running the risk of estate litigation lawyers getting involved.

You can use testamentary trusts to guarantee your children are provided for over time, include rights to reside for your new spouse, and ensure your beneficiary nominations are aligned. You don’t want to remarry and leave everything to your new spouse, only for your children to miss out and challenge your Will. Neither would you want your new spouse to be forced out of the home you shared simply because you didn’t update your Will. 

When Else Should I Review My Will?

  • After children or grandchildren are born/adopted
  • Your executor passed away 
  • One or more beneficiaries have passed away 
  • You have moved overseas
  • You’re moving interstate and are faced with different laws
  • A significant relationship change (estrangement, separation, divorce, reconciliation)
  • Major financial changes, including the sale or purchase of a property, a new asset purchase or sale, or a shift in your business interests. 

Practical Steps

  • Gather up all the information you will need about your assets, executors, and beneficiaries
  • Schedule a consultation with will and estate lawyers to discuss state laws and how your Will can comply 
  • Update all the relevant documents, including power of attorney, guardianship, and binding death benefit nominations. 
  • If you have an outdated Will, destroy the copy

You might be able to purchase a DIY Will kit, but you run the risk of holding an invalid Will that is easily thrown out by someone challenging or contesting it. It’s always wise to use a legal professional skilled in estate law. 

FAQs

Does separation change my Will? 

No, but in some states, a marriage will automatically invalidate your existing Will. 

Does marriage automatically cancel my Will in NSW?

Yes, NSW is one of the jurisdictions in which a marriage invalidates an existing Will unless the Will was drafted with the marriage in mind.

How often should I review my Will? 

Biennially, unless you have experienced a major life change, in which case you should immediately review your Will. 

Can I leave my estate to my children and not my new spouse? 

Yes. However, your spouse is entitled to file a Family Provision claim that will slow the probate process and potentially tie your assets up and leading to major legal costs.

Call AJB Stevens

The best way to prevent family fallouts and Will disputes is by taking an active role in drafting a Will that protects your loved ones. So, if you are recently separated, going through a divorce, planning a wedding, or blending a family, you should update your Will. 

If you believe you have been unfairly treated or left out of a loved one’s Will, AJB Stevens can help you fight for what’s rightfully yours. Get in touch today to schedule your free consultation. With years of experience in handling Will and Estate disputes, we can provide the emotional support you need while grieving and the legal advice to protect your rights.