The benefit of your retaining a Will is that you can predetermine what will happen to your dependants and your assets upon your death. It is highly recommended that every adult have a functional Will. As circumstances change, you should update your Will to best reflect your current intention for the division of assets and care of dependants.
What happens if you have a a Will and you’ve separated from your partner?
If you are separated from your partner but are not yet divorced, your Will remains unaffected and your former partner will receive all assets as provided for in your current Will. It is therefore extremely important that you update your Will when your marital status changes.
What happens once you’re divorced?
If you have finalised your divorce, the law considers that your spouse has ‘predeceased’ you (died before you). Your spouse will therefore not receive any assets from your updated Will. There are circumstances, such as ‘ joint tenancy’ (co-ownership) and Family Law Provisions that can affect the division of assets regardless of the instructions in your Will.
Estate Law and in particular, the drafting of a Will, can be a highly complex process. We recommend seeing a lawyer to make sure that all aspects of your Will have been managed and adequately documented.