Wills, estates and succession planning
Separation changes your family, and your estate plan should change with it. We help you update your will, superannuation nominations and powers of attorney, so your plans reflect your family as it is now.
Start with a free 20-minute discovery call. Meetings across Australia, in person or online.
Many people do not realise that their will, superannuation and powers of attorney may still favour a former partner long after separating.
We prepare wills and estate plans with your family circumstances in mind, including blended families, children from earlier relationships and family businesses.
Updating your estate plan is one of the most important, and most often overlooked, steps after separation.
Planning for the family you have now
Estate planning after separation is closely linked to your property settlement, your children’s arrangements and any business or trust structures.
We work alongside your accountant or financial planner so your will, superannuation and structures work together.
Business and complex asset structuresHow we can assist
Whether you have recently separated, re-partnered or want to protect your children’s future, we help you plan with confidence.
Superannuation nominations
Reviewing binding death benefit nominations, which are not changed automatically by separation.
Guardianship for children
Appointing guardians for your children if something happens to you.
Blended families
Providing for a new partner while protecting children from an earlier relationship.
Learn moreTestamentary trusts
Trusts in your will to protect children’s inheritances and manage assets.
Learn moreEstate planning works best alongside a binding financial agreement where you are entering a new relationship. See binding financial agreements.
How we update your estate plan
A clear, simple process to make sure your plans reflect your circumstances.
Call 1300 739 954Review what you have
We review your current will, superannuation nominations, insurance and powers of attorney.
Understand your family
We talk about your children, any new partner and what matters most to you.
Consider your assets
We look at what passes under your will and what does not, such as superannuation, jointly owned property and trust assets.
Prepare your documents
We draft your will, powers of attorney and any trust provisions, and advise on superannuation nominations.
Sign and store safely
We supervise signing so documents are valid, and keep originals safe.
Review as life changes
We recommend reviewing your estate plan after separation, divorce, re-partnering or the birth of a child.
Has your will kept up with your family?
Talk to us about updating it after separation.
Why separation matters for your estate plan
The law does not automatically update everything when a relationship ends.
Separation is not divorce
In most states and territories, divorce revokes gifts to a former spouse in a will, but separation alone usually does not.
Superannuation
Superannuation nominations and life insurance beneficiaries are generally not changed automatically by separation or divorce.
Decision-makers
A former partner may still hold power of attorney or be appointed to make decisions for you until you change it.
Common questions about wills and estates after separation
Do I need a new will after separating?
Usually, yes. In most states and territories, separation does not change your will. Your former partner may still inherit or act as executor until you update it.
Does divorce cancel my will?
In most states and territories, divorce revokes gifts to a former spouse and their appointment as executor, but the rest of the will may stand. It is better to make a new will.
What happens to my superannuation if I die?
Superannuation does not automatically form part of your estate. It is paid according to any valid nomination or at the trustee’s discretion. Review your nomination after separating.
Can I provide for a new partner and my children?
Yes. A carefully drafted will, sometimes with a testamentary trust, can balance the needs of a new partner and children from an earlier relationship.
Who will care for my children if I die?
You can appoint a guardian in your will. A surviving parent with parental responsibility will usually continue caring for the children, but your wishes are important and should be recorded.
Can a will be challenged?
Yes. Certain family members can make a claim if they have not been adequately provided for. Careful planning reduces that risk.
What does it cost?
Your first step is a free 20-minute discovery call, where we listen, explain your options and outline what working with us could look like. If you go ahead, we explain costs clearly at the outset.
This is general information, not legal advice for your situation.
Plans that reflect your family.
Whether you have recently separated or are starting a new chapter, we invite you to start with a confidential conversation about your estate plan.
