Why Marriage and Divorce Should Trigger an Immediate Will Review

Your Will Is Not a Set-and-Forget Document

Your will is one of the most powerful legal tools you have to protect your loved ones, but it is not a document you prepare once and forget. As your life evolves, so should your estate plan. Major relationship changes, especially marriage, separation, and divorce, can dramatically alter how your estate is managed when you pass away.

Failing to update your will after a significant life event can create confusion, unintended outcomes, and even costly disputes among the people you care about most.

How Marriage Can Affect Your Will in Australia

Many Australians are surprised to learn that marriage can automatically revoke all or part of an existing will. In practical terms, this means a will prepared before your marriage may no longer operate as you intended once you say “I do”. This is especially important if you:

• Are entering a second marriage
• Have children from previous relationships
• Own substantial assets
• Want to protect a blended family

Reviewing your estate plan before marriage ensures your wishes are clearly documented, legally effective, and aligned with your new life chapter.

How Divorce Can Affect Your Will

Divorce can also have a significant and sometimes unexpected impact on your will. While divorce does not usually invalidate an entire will, it can cancel provisions relating to your former spouse, including gifts or their appointment as executor. If your will has not been updated since your separation or divorce, the final outcome may be very different from what you now intend.

Updating a will after divorce can help ensure your estate passes to the intended beneficiaries and that key decision-makers remain appropriate for your current circumstances.

This is particularly important where property settlements, parenting arrangements, or new relationships have altered your personal and financial circumstances.

Separation Is Also a Critical Time to Review Your Estate Plan

A common misconception is that separation automatically changes your will. In most cases, it does not.

If you separate but have not yet divorced, your existing will may continue to operate exactly as written. This means your former partner may still inherit from your estate or continue acting as the executor responsible for administering your affairs.

This can create unintended consequences if your former partner remains a beneficiary or executor under your estate planning documents.

For this reason, it is often advisable to review your will as soon as separation occurs rather than waiting until the divorce is finalised.

Other Estate Planning Documents to Consider

A will is only one part of a broader estate plan.

When reviewing your affairs after marriage or divorce, you should also consider whether updates are required to:

• Enduring powers of attorney
• Enduring guardianship appointments
• Superannuation beneficiary nominations
• Life insurance beneficiary designations
• Trust structures and company arrangements

Ensuring these documents reflect your current wishes helps prevent future complications, legal challenges, and unintended beneficiaries.

When Should You Review Your Will?

As a general rule, you should review your will whenever a major life event occurs, including:

• Marriage
• Separation
• Divorce
• Commencing or ending a de facto relationship
• Having children or grandchildren
• Purchasing or selling significant assets
• Receiving an inheritance
• Changes to your financial circumstances

Regular reviews ensure your estate plan remains current, strategic, and legally sound.

Why Legal Advice Matters

The impact of marriage or divorce on a will depends on your personal circumstances and the specific wording of your documents. Obtaining advice from an experienced estate planning solicitor can help ensure your will remains valid, comprehensive, and aligned with your intentions.

If you have recently married, separated, or divorced, reviewing your will is one of the most important steps you can take to protect your family, safeguard your assets, and preserve your legacy.

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