• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Ballart Lawyers Logo
  • Home
  • Our Services
    • Civil & Commercial Litigation
    • Conveyancing
    • Criminal Defence Law
    • Family Law
    • Property Law & Leasing
    • Wills & Power of Attorney
  • Central Highlands Conveyancing
  • Our Team
    • Aleshia Leask
    • Annette Stone
    • Beth Walsh
    • Carly Burke
    • Crystal Caruana
    • Darryl Annett
    • Raphaelle Stewart
  • Publications
    • Criminal and Traffic Law Publications
      • Leaving an Animal locked in a hot car: Is it illegal, and what can you do?
      • Refusing a Preliminary Breath Test
      • First appointment with a Lawyer
      • What is a Charge Sheet?
      • Attending a police interview
    • Family Law Publications
      • Smart Phone Apps Assisting in Co-Parenting Relationships
      • Getting Divorced
      • Intervention Orders – What you need to know
      • Implications of Agreeing to an Intervention Order Without Admission
      • Covid-19 and the Impact on Shared Parenting Arrangements
    • Litigation Publications
      • Possible Defences if you are being Sued for Money owing under an Agreement
      • Enforcement of a Magistrates Court Judgement Order
      • Recovering a debt through the Magistrates Court of Victoria
      • Statutory Demands – What they are and when to use it
      • Defamation – Has it occured to you?
    • Property Law & Conveyancing Publications
      • Statement of Adjustments – How they work
      • Verification of Identity
      • Tree Disputes with Neighbours
      • Destruction of Fence Caused by Bushfire
      • Land Tax
      • GST Withholding Regime
      • Spousal and Domestic Partner Transfers
      • Septic System and Disclosure Requirements
      • Retail Leases
      • The First Home Buyers Grant & Stamp Duty Benefits – Changes you need to know
      • Withholding Tax on Real Estate
      • What is a Section 173 Agreement?
      • Caveats – What you need to know
      • NICO ‘Not In Common Ownership’ Subdivisions
      • Buying Off the Plan
      • Electronic Signatures
      • Easements – The Basics
      • Withholding Tax Update
      • Fencing Laws In Victoria
      • Should I use a Lawyer for my Conveyancing Matter?
      • Owner Builders & Conveyancing
      • Want to Remove an Easement on Title? Here is the Basics of How
      • Restrictive Covenants Modification & Removal
      • Protecting your Neighbours Property against Building Works
      • Buyer Beware: Is a Real Estate Agent an agent for the purposes of a Notices under the Sale of Land Act?
      • Nominations
      • Rent Relief During COVID-19
      • HomeBuilder Grant
    • Wills & Estates Publications
      • Contesting a Will (Part IV Claims)
      • Changes to Intestacy Law
      • Superannuation Death Benefits
      • Effects of Marriage and Divorce on Wills
      • Powers of Attorney – Fiduciary Duty
      • What is Probate?
    • Brochures
  • Testimonials
  • For Clients
    • Your Secure Documents
  • Pay Your Legal Bill
  • Contact Us

Effects of Marriage and Divorce on Wills

It is important to understand the effect marriage, divorce or separation can have on your Will.

Effect of marriage on your will

When you marry, any existing will is automatically revoked and becomes no longer valid.

If you do not make a new one, then when you die the law of intestacy decides how your assets are divided. This may not be a problem for many first-time marriages, but if you have children from a previous marriage or other people you wish to leave some assets to, then they may miss out. 

The only time where a will does not become invalid upon marriage is if you made a will before marriage that expressly states that it is made in contemplation of marriage or words to that effect.

Effect of divorce on your will

Marriage separation does not make your will void or invalid. Your spouse may inherit any property left to them or if names as executor, they are entitled to take up the role, regardless of your separation. As a result, it is crucial to update your will upon separation to prevent your former spouse from being entitled to a benefit under your estate.  

If your marriage is ended by a Court Order (like divorce or annulment), the result is usually that any disposition to or appointment of a divorced spouse is revoked. For example, unless there is a contrary intention expressed in the will, your former spouse will be disqualified to act as executor of your estate and any gift left to them are revoked. However, to ensure your estate reflects your changed personal circumstances, you should update your will.

Effect of marriage or divorce on superannuation death benefit nominations

If you have a binding nomination, your superannuation will not be deal with as an asset of your estate and therefore will not be distributed in accordance with your will. A binding nomination provides the greatest level of certainty. If you have allowed you nomination to lapse, then the nomination will identify your preferred beneficiaries. However, it is ultimately up to the trustee of your superannuation fund to decide who receives your benefit. Whilst marriage and divorce may make your nomination invalid, whenever your life circumstances change it is important to update your nomination to reflect your new circumstances for certainty.

For further information on wills, please contact us at reception@ballaratlawyers.net.au or on 5303 0281. 

The information on this website is of a general nature only. It is not, nor is it intended to be legal advice. You should consult a lawyer for individual advice about your particular circumstances.

Liability limited by a scheme approved under Professional Standards Legislation. 

Click here to go back to Publications.

Primary Sidebar

5303 0281

Online Enquiry

* indicates required field

Footer

Ballarat Lawyers

We have a team of dedicated legal professionals who will manage your legal affairs with enthusiasm and accountability.

 

Our Advantages

  • Skilled legal advice
  • Customer focused
  • Upfront on costs
  • Tailored solutions
  • Local knowledge of the area
  • Flexible to assist in meeting client needs

Contact Us

  • 42 Lydiard Street South, Ballarat Central, VIC 3350
  • PO Box 528, Ballarat Central VIC 3350, DX 35056
  • 5303 0281
  • reception@ballaratlawyers.net.au

Copyright © 2021 · Created and hosted by LEAP · Log in