Family Law separation updating Estate Planning
You’ve separated from your (in)significant other and maybe congratulations are in order. You’ve gone through all the hard yakka that separation can entail, signed lots of legal paperwork about property or kids or both and you’re at the other end. You probably didn’t want to see another lawyer again for a while – or ever.
Hopefully the endless legal paperwork you worked your way through included a new Power of Attorney, Enduring Guardianship and Will. Guess why? Separation doesn’t revoke any of these documents. Even divorce doesn’t revoke all these documents.
Powers of Attorney and Enduring Guardianships after separation
These don’t revoke NSW Powers of Attorney. So if you made a Power of Attorney and it appointed your ex, you should look a revoking it asap and make a new one.
Similarly divorce doesn’t revoke a NSW Enduring Guardianship. If you separated since you made an Enduring Guardianship and you appointed your ex-spouse, you may wish to also revoke this document. Perhaps ironically, marriage does in fact revoke an Enduring Guardianship so keep this in mind if you have found The One and had recent nuptials or intend to marry.
Unlike Wills, Powers of Attorneys and Enduring Guardianships need to be specifically revoked – a new one won’t simply revoke an old one.
Updating your Will after separation
What about Wills? If you named your ex in your Will and you’ve separated but not gotten divorced, those provisions will stick. If you’ve divorced since doing your Will and your ex is named as executor or beneficiary, these provisions will be revoked unless there’s something in the Will saying otherwise, or if you have underage kids together who are beneficiaries under your Will.
Whichever way you look at it, the best course of action is to just get your documents updated. We can help you from the comfort of your home in your “down” time. And with more efficiency and a lot less pain than you may think.
Your NSW Estate Planning Lawyer
We’ll look after you.