Separation does NOT revoke a Will.
Lawlink > Law Reform Commission > Publications > 9. Revocation by Marriage
9.23 Since the revocation of wills on marriage is the general rule in Australia, it is, in our view, highly desirable that steps should be taken to draw this fact to the attention of persons contemplating marriage.
What happens if I get divorced?
If you get divorced the parts of your will that refer to your former spouse either as beneficiary or executor become invalid unless it is clear that you intended to include your former spouse. The rest of the will is not revoked.
Your will is revoked (cancelled) if you make a new will or get married. If your original will was made taking into account the fact that you would be getting married then it will not be revoked by the marriage.
What can I do if I was left out of a will?
Spouses (including de factos), children (including step and adopted children) and some dependants (parents of the deceased person, the other parent of a child under 18 who is the child of the deceased person, or anyone under 18 who was dependant on the deceased person) can make a claim if they can show they were not adequately provided for in the will. It is necessary to apply to the supreme court to challenge the will.
The court will take into account all the circumstances of your life, the size of the estate and the relationship between you and the deceased.
Time limits apply to these applications and you should get legal advice.
You should notify the executor (the person or solicitor administering the will) within six months of the death of the deceased and you should start legal action within nine months of the death of the deceased unless the court grants an extension.
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