Divorce Separation Property Settlement Lawyers NSW

Do you know the effect of divorce or marriage on your Will, Power of Attorney and Appointment of Enduring Guardian documents?

Your Will and divorce

Divorce revokes any benefit to your former spouse and also the appointment of your former spouse as your executor, trustee or guardian. Divorce does not, however, revoke an appointment of your former spouse as trustee of property left on trust for the children of you and your former spouse.

Your Will and marriage

Unless your Will was made in contemplation of your marriage, marriage revokes your Will, except for any benefit or appointment of your spouse to whom you are married at the time of your death.

Your Power of Attorney and Appointment of Enduring Guardian appointing your former spouse and divorce

Divorce does not revoke either of these documents.

In order to revoke your Power of Attorney, you should sign a revocation and have that served on your former spouse, in order that they are on notice of the revocation. You could just tell your former spouse, however, the revocation being in writing and served on them is the best option.

To revoke your Appointment of Enduring Guardian you must sign a revocation which must then be served on your former spouse.

Your Power of Attorney and marriage

Your Power of Attorney is not revoked by marriage.

Therefore, if your Power of Attorney was signed prior to your marriage, it does not matter who was appointed, whether it be your current or former spouse, it is still effective. A Power of Attorney is only revoked if an attorney’s appointment is revoked (preferably in writing and served on the attorney), the attorney renounces or dies, becomes bankrupt or no longer has the mental or physical capacity to act. If the attorney is a company and that corporation is dissolved then the Power of Attorney is revoked.

Your Appointment of Enduring Guardian and marriage

Your Appointment of Enduring Guardian is revoked upon marriage even if your current spouse is the person you have appointed as your guardian.

Upon marriage it is necessary to have a new Appointment of Enduring Guardian document signed.

Whenever your circumstances change, e.g. through divorce, marriage, death, it is always a good idea to review your Will, Power of Attorney and Appointment of Enduring Guardian documents.

If you have any questions, please contact our Wills & Estates Team.

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