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Impact of divorce on wills

  • By:Anderson Boemi

Did you know that your divorce can affect your will?

In NSW, divorce will revoke the provisions of a will that provides for any assets distributed to your ex-partner. Further, if you have appointed your ex-partner as an executor or trustee in your will, this will also be revoked.

The above will not apply if there is a contrary intention detailed in your will. A contrary intention allows you as the will maker to disregard legislative provisions so that your ex-partner remains as a beneficiary, executor, trustee, or guardian even after divorce.

It is important to recognise however, that even without a contrary intention, under Chapter 3 of the Successions Act (NSW) 2006 your ex-partner may still be able to dispute a claim to your estate regardless of whether it has been revoked through divorce.

For these reasons it is important to update your will after you have divorced. If we can assist, please contact our office on 02 9653 9466.




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Posted in: Wills and Estates