Update Your Will After Separation | Wills & Estates Bentleigh
Why updating your Will after separation is crucial
If you’ve recently separated, updating your Will and Estate Planning documents should be at the top of your to-do list.
Many people assume they can wait until the divorce is finalised. In reality, the period immediately following separation is one of the most important times to review your legal documents. Double check your beneficiaries, executor, and power of attorney as a priority.
Failing to update your Will during this time can lead to unintended and often heartbreaking consequences for you and your loved ones.
Separation does not automatically change your Will
It’s a common misconception that separation automatically cancels or alters your Will.
In fact, a Will created while you were married or in a de facto relationship usually continues to reflect your previous circumstances unless you take steps to update it.
That means an ex-partner could still be entitled to inherit your estate or even be listed as your executor (very common mistake!) giving them control over how your assets are distributed. For many separated clients, this comes as an unpleasant surprise.
Protect your assets and the people you love
Updating your Will as a matter of urgency ensures your assets are protected and distributed according to your current wishes.
It also allows you to make new decisions about who should act as executor, trustee, or guardian of your children, and who should benefit from your estate.
This step is especially important for anyone who’s entered a new relationship, purchased property, or changed financial arrangements since separating.
Professionals such as accountants, financial planners, and family lawyers often remind clients that estate planning should form part of any separation checklist; ensuring no detail is overlooked during a time of major change.
A real-life example: Jane’s story
Consider Jane, a local Bentleigh resident who separated from her partner but never updated her Will. She had children from her first marriage; but her will still listed her ex-partner as the main beneficiary.
When Jane passed away, her ex-partner inherited her estate, leaving her children without the inheritance she had intended for them. This resulted in unnecessary legal costs and emotional stress for her family.
Had Jane updated her Will soon after separating, her children’s inheritance would have been secured and her true wishes respected.
What to do next
If you or someone you know has recently separated, don’t wait until the divorce is finalised: take action now.
A simple conversation with an experienced Wills and Estates Lawyer can help ensure your Will reflects your current lifestyle, relationships, and financial situation.
At Respect Wills & Estates, we specialise in helping clients across Bentleigh and South East Melbourne review and update their Wills after major life changes. Our team can guide you through every step from reviewing existing documents to drafting new ones that align with your current wishes.
Book your complimentary 15-minute phone consultation today to discuss updating your Will or estate planning needs with our friendly team based in Bentleigh, Vic 3204. You can book online via this link below: