Checking and updating Your Will following changes in relationships


Checking your Will

If you have had recent changes in your family relationships, for example you have separated, divorced or you have had a child, the last thing on your mind may be checking your Will. Through all of the distress and confusion you may not be considering what happens with your estate if you were to pass away, but you should regularly check your Will, especially with these changes, and make sure it reflects your current wishes.

If you have a current Will…

For couples in the ACT with a current Will, should obtain legal advice as marriage may affect a Will.  It could automatically revoke any Will you have in place before marriage, unless your Will specifically states that it was made in contemplation of marriage.  This means that whilst getting married is may likely automatically revoke your Will, separation does not necessarily do so– just because you have separated does not mean your Will is no longer valid because you have included your former spouse.

You should review your Will now and regularly and make sure that it reflects your current wishes including who will be your executor, guardians of your children (if any) and who will get your estate.

If you do not have a current Will…

We recommend that you have a current Will to ensure that your current wishes are reflected.

Having a Will also means that if you were to pass away, you have piece of mind that you have done what you can to ensure it is known, through your Will, what your wishes for the distribution of your estate.

Even if you have not had any changes to your family relationships, we recommend you check your Will regularly to ensure that it reflects your current wishes.

Whilst you may think making a Will is stressful and difficult to talk about now, it is likely make it easier to do now rather than you passing away and how your family having to deal with your estate matters with a Will.

If you are unsure of the best and next step for you, Claire Naidu & Co offers a flexible engagement service and we would love to assist you with your matter and answer your questions.  Click here for our contact details.

Note: This blog does not constitute legal advice and Claire Naidu & Co is not responsible for any reliance upon its contents.   If you need legal advice, we invite you to contact us!

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