How Marriage Affects Your Will
Under section 12 of the Succession Act 2006 (NSW), marriage automatically revokes your Will—unless you made it in contemplation of that marriage.
If you wrote your Will before marriage, it becomes invalid once you marry. To protect your wishes, create a new Will before or soon after getting married.
How Divorce Affects Your Will
Divorce does not cancel your entire Will. However, under section 13 of the Succession Act, any gifts to your former spouse, or their role as executor, trustee, or guardian, automatically end when the divorce finalises.
Even so, it’s best to draft a new Will after divorce to clearly state your current wishes and avoid confusion.
How Separation Affects Your Will
Separation alone does not affect your Will. Until your divorce is complete, your spouse may still receive benefits or act as executor.
Since you can’t apply for divorce until 12 months after separation, update your Will as soon as you separate. This helps avoid unwanted outcomes.
Key Takeaway:
If your relationship status changes—through marriage, separation, or divorce—review and update your Will to ensure it reflects your wishes and remains valid.
Need Help Updating Your Will?
Changes in your personal life can have big impacts on your Will. Contact A. S. Laumberg today for expert legal advice and assistance with updating your Will to suit your current situation.