In most Australian states, divorce automatically affects your will:
What typically happens:
- Gifts to your former spouse are revoked
- Appointments of your former spouse as executor are revoked
- The rest of your will remains valid
What doesn’t change:
- Separation (without divorce) has no automatic effect
- Your ex may still be able to make a family provision claim
- If your ex was your only beneficiary, your estate may pass under intestacy rules
Caution:
- If you separate but don’t divorce, your spouse may still inherit
- Divorce doesn’t update beneficiaries on superannuation or insurance — you must do that separately
What to do after divorce:
- Make a new will as soon as possible
- Update beneficiaries on super, insurance, and any trusts
- Consider whether your ex should remain as guardian if you have children
Don’t assume you’re covered: Divorce removes your ex from your will, but it doesn’t create a new plan. You need to do that yourself.