This article originally appeared on our Wills and Probate Blog on 28 November 2012.
A divorce is never pleasant, and even less so if there was protracted conflict over the course of finalising the divorce. But even after finalising the divorce, there are possibly a few loose ends that you need to tie up – and this includes reviewing and re-drafting your Will.
A Will is not necessarily revoked after your divorce has been processed by the Court. The only parts of the Will which are revoked are those parts that benefit your former spouse. As you can imagine, this can create confusion in relation to which parts are still in effect and which parts have been revoked.This also may create a situation where your estate may be distributed in a manner which you did not anticipate.
In addition to this, there may be other documents that do not revoke themselves after the finalisation of your divorce. These include documents such as your binding death benefit (for your superannuation), a power of attorney, as well as an enduring guardian.
It is therefore critically important that you review all of these matters after finalising your divorce, and making sure that you tie up all loose ends to ensure that your wishes are properly followed.