Why You Should Draft a Will After Divorce and Property Settlement
- jnflbrisbane
- Apr 29
- 3 min read
What happens to my will after a divorce?” and “Do I need to update my will after my divorce?” are questions we often receive at James Noble Law.
As Divorce is such a life-altering event—emotionally, financially, and legally – it is easy to overlook a crucial step: updating your Will.
In Queensland, the law makes certain automatic changes to your Will following divorce—but it doesn’t go far enough. Failing to revise your estate planning documents can lead to unintended outcomes, including your former spouse receiving assets or having control over your affairs.
Here’s why you should consider drafting a new Will after your marriage ends—and what Queensland law says about it.
What Happens to a Will After Divorce in Queensland?
It is crucial to update your will as under the Succession Act 1981 (Qld):
Section 15 states that a divorce revokes any provision in a Will that:
Appoints your former spouse as an executor, trustee, or guardian, or
Gifts any part of your estate to your former spouse.
However, the rest of the Will remains valid.
This means that if your Will named your ex-partner as executor and left them a significant portion of your estate, those specific parts will no longer apply after divorce. But other outdated or inappropriate clauses (such as secondary beneficiaries, guardianship of children, or superannuation directions) might still remain.
And here’s the key catch: separation alone does not revoke or affect your Will. If you are separated but not legally divorced, your spouse may still be entitled to inherit under your current Will—or even under intestacy laws if you die without one.
Why Updating Your Will Is Essential Post-Divorce
Even after the Court finalises your divorce and property settlement, your Will might no longer reflect your wishes. Here’s what could go wrong if you don’t update it:
Unwanted beneficiaries – If you separated but didn’t divorce, your former spouse could still benefit.
Outdated executors – You may no longer trust your ex-spouse to manage your estate or your children’s inheritance.
Guardianship issues – You may want to nominate different guardians for your children.
Superannuation confusion – Superannuation is not automatically controlled by your Will unless a valid binding nomination is in place.
Property interests – your property portfolio may have changed after your divorce, with your will reflecting property interests that you no longer retain.
Updating your Will—and your enduring power of attorney, advance health directive, and superannuation nominations—ensures your estate is distributed according to your current wishes.
Timing: When Should You Create a New Will?
The ideal time to review your estate planning is:
Immediately after separation, especially if you’re concerned about health, capacity, or potential disputes.
After finalising your divorce or property settlement, when your financial position is more certain.
Any time your family circumstances change, including new relationships or children.
Even if you’re in the middle of separation proceedings, it’s wise to speak to a family lawyer and an estate planning lawyer as soon as possible to ensure your wishes are protected during the interim period.
Get Help From Our Experienced Team
At James Noble Law, we work to ensure our clients’ post-separation legal documents are up to date. If you’ve recently separated, divorced, or completed a property settlement, now is the time to contact us to aid in reviewing your Will and related documents.
Let us help you move forward with peace of mind, knowing your wishes—and your loved ones—are properly protected.
Look no further than James Noble Law. Our expert team of Family Lawyers in Brisbane, Lawyers in Cairns, and Milton family lawyers are ready to assist. Enjoy a complimentary 20-minute consultation – no strings attached.
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For more information, please visit our website: Will After Divorce
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