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 Robina Family Lawyers  

When a couple separate, it is usual that the terms of their Wills are no longer suitable. For instance, it is usual for married couples to appoint one another as Executor and in the first instance leave their entire estate to their husband or wife. If you die without a will after you have separated, your estate will still pass, in full or in part (depending on whether you have children) to your spouse, according to laws of intestacy.

Divorce will automatically revoke your Will.

You need to have your Will drawn or revised as
soon as possible after separation.

What Happens To Power Of Attorney.
If you have granted a general or enduring Power of Attorney to your spouse, it will continue to operate until you revoke it.

A Power of Attorney gives the Attorney power to legally do anything you yourself may do. It is prudent to revoke any existing Power Of Attorney upon separation.

Superannuation Benefits:
Superannuation Benefits including associated death cover is normally passed directly to the nominated beneficiary shown in your policy, and does not become part of your estate. It is easy to overlook this fact. It is essential to make arrangements with your Superannuation Trustee to change your nominated account in accordance with your wishes.

Jointly Owned Real Estate
It is usual that a married couple own their home as "joint tenants". The legal meaning of this is that when one of the joint tenants dies their interest passes directly to the surviving partner. Your interest as joint tenant in real property does not form part of your estate and cannot be dealt with in your Will. This remains the case even after divorce has occured. It is possible to "sever" the joint tenancy so that your interest in the real estate becomes separate and can be left to your children or other beneficiaries under your will. This is a step that needs to be completed by your solicitor.

For further information on any of the above information please email us


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