I’m separated and my ex doesn’t get a thing

Tip: Get a new Will if you are separated

A man who had been living separately from his wife for many years, and who had not divorced, was killed suddenly in a motorbike accident. Although he was involved in proceedings in the Family Court to determine his share of the matrimonial assets, and although his lawyer had advised him to make a new Will, he had failed to do so. The result was that his estranged wife was able to immediately take control of their very substantial assets. This meant that close friends and family members, whom the deceased would have undoubtedly have preferred to share his assets, received nothing.

Once you have decided that you wish to separate from your spouse, it would be wise to sign a new Will. You can do this in conjunction with advice from your family lawyer about your share of the matrimonial assets.

Like marriage, divorce revokes a Will (unless the Will has the appropriate clauses), so the new Will should have the right clauses in it in the event you do divorce.

You will also need to revise any superannuation nominations, your Enduring Power of Attorney, your Enduring Power of Guardianship, and control of family trusts amongst other things.

It’s already a difficult time that you are going through – let us help you take some of the worry away.

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Bernadette Duell

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Bernadette Duell

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The Law Has Changed

An update has occurred to Western Australian Law changing what happens if someone dies without a will.

These changes came into effect after March 30th 2022.

Learn about these changes by clicking the button below.