In Queensland, significant life events such as marriage and divorce can profoundly impact the validity and contents of your will. Understanding these effects is crucial to ensure your estate planning accurately reflects your current intentions and complies with State legislation.
Marriage and Its Impact on Your Will
Under the Succession Act 1981 (Qld), marriage generally revokes a pre-existing will unless the will explicitly states that it was made in contemplation of that marriage. This means that if you marry after creating a will, and the will does not mention the upcoming marriage, the entire will is typically considered void (subject to a few exceptions). Consequently, your estate would be distributed according to Queensland’s intestacy laws, which may not align with your personal wishes.
Exceptions to Revocation by Marriage
There are specific provisions in the Succession Act 1981 (Qld) that are not revoked by marriage:
- Gifts to the person you marry, provided they are your spouse at the time of your death.
- Appointments of your spouse as executor, trustee, or guardian.
These exceptions apply only if the spouse holds that status at the time of your passing.
Divorce and Its Impact on Your Will
Divorce also affects your will, but differently. In Queensland, when a person makes a will and then later divorces, any provision appointing their former spouse as executor, trustee, and/or guardian will be revoked and taken to have been omitted from the will. Also, any gifts to that person are revoked and the will is treated as though the former spouse died before the will maker.
Separation Without Divorce
It’s important to note that mere separation without a formal divorce does not alter the terms of your will. During the separation period, your spouse remains entitled to any benefits or roles assigned in your will. Therefore, if you wish to change these provisions during separation, you must actively update your will.
In a recent episode of the ‘Divorce Down Under’ podcast, I joined host Mat Walker, discussing the critical importance of updating wills and estate plans during and after divorce. We highlighted common misconceptions about wills and emphasised the unique challenges faced by individuals in de facto relationships compared to those who are married. Also underlined the value of treating legal advice as an investment in future security. Why invest in insurance to protect your assets while you’re alive, yet neglect to secure them for your loved once after you’re gone?
Link to YouTube
Recommendations for Will Management
To ensure your will remains valid and reflective of your current wishes:
- Review your will after marriage, separation or divorce: significant life changes necessitate a thorough review of your estate planning documents.
- Consult a legal professional: engage with a solicitor experienced in Queensland’s succession laws to guide you through the process and ensure compliance with current legislation.
- Regular updates: even without major life events, it’s prudent to review your will periodically to account for changes in assets, relationships, or personal preferences.
By proactively managing your will in response to life changes, you can ensure that your estate is distributed according to your wishes and that your loved ones are adequately provided for.
