Priest McCarron News

August 2011

Family Law Disputes: Impact on Wills

Given the high divorce rate statistics in our society, family law issues are often a major consideration for people when it comes to their Will.

Separation, divorce and family law property settlements affect Wills and the consequences of not reviewing the Will can be disastrous.

One of the major concerns for older people with adult children in relation to their estate planning is protecting their assets from being subject to a claim by an ex son-in-law or daughter-in-law. There are strategies which can be used in estate planning for parents to ensure that their children’s inheritances are protected as much as possible from any family law claims

Separating from a spouse will not have any effect on a Will. If someone dies after they have separated from their spouse but before they are divorced, their current Will remains in place even to the extent that it benefits the former spouse (which can obviously lead to unwanted outcomes). Also, the former spouse is still eligible to make a family provision application against the deceased’s estate.

It is often important to put at least an interim Will in place if you separate from your spouse. The Will should then be reviewed again when the property settlement is finalised.

Divorce will not revoke a Will entirely but will revoke any appointment of the former spouse as an executor and any gift in favour of the former spouse.

Given the time delay between separation and divorce, it is very important that Wills are reviewed before divorce is granted.

If you would like further advice in relation to your will or family law dispute, contact Alan Priest or Emilie Cooper at Priest McCarron Lawyers on 65 831777