In Australia, divorce affects more than your relationship status—it can legally reshape your financial future and estate plan. Yet many Australians still forget to ask this crucial question: When should you update your will after divorce?
With over 49,000 divorces granted annually across Australia, estate planning after separation is an often overlooked but critical task. If you wrote your will while married, chances are your former spouse is still named in key roles—like executor, guardian, or beneficiary.
This blog from Legal Finda explores why you need to revisit your will, the risks of delay, and how to update your will after a divorce quickly and correctly.
Why Updating Your Will After Divorce Matters?
Divorce changes everything—including who should control or benefit from your estate.
Here’s why update your will after divorce is more than a legal technicality:
- Your ex-spouse may still be named in key roles like executor or trustee.
- Certain gifts and appointments to your former spouse may be automatically revoked after divorce, creating gaps.
- Outdated instructions can confuse or delay the probate process.
- Non-will assets like superannuation and life insurance don’t update automatically—your ex might still benefit.
The bottom line? Your old will probably doesn't reflect your life today. Updating your estate plan is one of the most important things you can do after a major personal transition.
When Should You Update Your Will After Divorce?
The ideal time to act is as soon as possible after separation—but definitely after the divorce is finalised.
During Separation
Even if you’re not yet divorced, you can still update your will. If the relationship has ended in all but law, don’t wait. Removing your ex-partner early can prevent them from controlling your estate if something happens before your divorce is complete.
Immediately After Divorce
Once the divorce is final, it legally revokes certain parts of your will that relate to your ex—but not the entire document. You might be left with an executor who is no longer eligible and beneficiaries who are no longer appropriate.
That’s why changing a will after divorce in Australia often means rewriting it altogether.
After Major Life Changes
Divorce often leads to further change:
- New home
- New relationship or re-marriage
- Additional children or stepchildren
- Change in financial situation
Each of these is a clear sign that your will should be reviewed.
So, when should you update your will after divorce? The safest answer: as soon as your circumstances change—emotionally, legally, or financially.
What the Law Says About Wills and Divorce?
Each Australian state varies slightly, but the general rules are:
- Gifts to an ex-spouse in your will are automatically revoked.
- Appointments of your ex as executor, trustee, or guardian are also revoked.
- The remainder of the will stays valid, which can cause inconsistencies.
For example, if your ex-spouse was the only executor listed and they are revoked by law, your estate could be left with no one legally authorised to act—forcing your loved ones to apply through the courts.
This is why do I need to change my will after divorce? is one of the most important questions you should ask your lawyer.
How to Update Your Will After a Divorce?
Wondering how to update your will after a divorce? Here’s a clear step-by-step process:
1. Retrieve and Review Your Current Will
Look for any mention of your ex-spouse in roles like:
- Executor
- Guardian
- Trustee
- Beneficiary
2. Make a List of Required Changes
Think about:
- Who should now act as executor?
- Who should inherit your assets?
- Who should be guardian of your children?
- Do you have new people (partners, children) to add?
3. Work with a Wills & Estates Lawyer
Avoid DIY mistakes. Legal Finda can connect you with an estate planning expert in your area who will help you legally draft a new document.
4. Draft a New Will
It’s usually more effective to start fresh than to amend an outdated will. A new will revokes the old one and gives clarity.
5. Update Associated Documents
- Superannuation nominations
- Life insurance beneficiaries
- Powers of attorney
- Health care directives
These documents often aren’t covered by your will, and need to be updated separately.
Real Case Study: The Danger of Waiting Too Long
After her divorce in 2021, Linda, a 45-year-old teacher in Adelaide, kept putting off updating her will. She assumed that since her divorce was final, everything was “automatically handled.”
When Linda passed away unexpectedly in 2023, her ex-husband was legally removed from the will—but the document had no alternate executor listed. This led to:
- A lengthy court process
- Stress for her children
- Delays in accessing her estate
Had Linda asked herself when should you update your will after divorce, she could have avoided this outcome entirely.
Do I Need to Change My Will After Divorce If I Don’t Have Much?
Yes—because even a modest estate can cause legal headaches if not properly managed.
Your superannuation alone could be worth hundreds of thousands of dollars, and if it still lists your ex-spouse as beneficiary, they might still receive it.
Even if your will only covers a few assets, clarity matters. And if you have children, guardianship provisions are critical.
So even if you're thinking, "Do I need to change my will after divorce if I don't have many assets?" — the answer is still a firm yes.
Changing a Will After Divorce in Australia: What Else to Consider
When revising your will post-divorce, consider these essential updates:
- Remove or replace your ex-spouse from all roles
- Name a new executor
- Update guardianship of minor children
- Clarify asset distribution to reflect your new reality
- Adjust for blended family dynamics if applicable
Each of these actions protects your family from confusion, court challenges, and stress after you’re gone.
Why Legal Finda Is Your Best Next Step?
At Legal Finda, we make it easy to:
- Connect with experienced wills & estate lawyers
- Understand your legal obligations after divorce
- Create a new, fully updated will
- Avoid costly legal mistakes in the future
Whether you were divorced last month or five years ago, our platform helps you take back control of your legacy.
Conclusion
To recap:
- When should you update your will after divorce?
- Immediately after separation or divorce—and whenever your life changes again.
Failing to act could mean:
- Your estate goes to the wrong people
- Your ex-spouse is still in control
- Your children are left unprotected
- Your family is stuck dealing with avoidable legal issues
At Legal Finda, we help Australians move forward with confidence. Don’t let an outdated will write the final chapter of your life.
Update your will today — with Legal Finda.
