What happens to my will when I get divorced?

• Unless the will states otherwise a grant of divorce revokes any parts of the will that favour a person’s former spouse. There are some minor exceptions to these rules but generally the parts of a will that will be revoked include:
  • gifts to the spouse; and
  • appointment as:
    •  trustee;
    • guardian; or
    • executor.
• Any gift to the spouse will be treated as though the spouse predeceased the testator.
• Importantly mere separation from a person’s spouse will not affect the validity of a will.
• If you separate from your spouse and do not want them to inherit anything from you a new will should be made as soon as possible.
• If you obtain a divorce it is good practice to update your will so that it is clear who you want the parts of your estate that would previously have gone to your ex-spouse to go to.