Wills and Family Law Fact Sheet

Why should I have a Will?

▪  You decide how your assets will be distributed
▪  The executor of your choice will handle your estate
▪  Your estate will be easier to administer

Everyone should have an up to date Will!

What happens to my existing Will if I divorce?

The following applies if you obtain a divorce unless a contrary intention appears in your Will:

▪  Any gift to your former spouse is revoked
▪  If your former spouse was appointed executor or trustee then this appointment is revoked, although there are exceptions.

Accordingly you should ask us about making a new Will... you may appoint someone else as executor and ensure that all your assets are distributed as you want them to be.

What happens to my existing Will if I separate but don’t divorce?

Nothing, your existing Will still stands... therefore you should make a new Will when you separate.

What happens if I remarry?

The marriage generally revokes your existing Will unless the Will was made in contemplation of your new marriage. Depending on the circumstances, a gift to your new spouse in your Will may not be revoked by the marriage. You need to seek our advice, and you will probably have to make a new Will.

General

Cases can be different... please contact us at Turnbull Hill Lawyers to discuss your situation.

Disclaimer - This article is offered for general information purposes only. It is not offered as and does not constitute specific legal advice or opinion. The accuracy of the information is not guaranteed. You should not act or rely upon any of the information contained within this article without seeking the advice of a qualified solicitor who specialises in the particular area of expertise and jurisdiction that you require.