Separation changes almost everything.
Where you live. How money is managed. What happens with the family home. Parenting arrangements. Future plans. The shape of everyday life.
But one thing many people forget to update after separation is their will.
It is easy to understand why. When you are separating, the immediate issues often feel much louder: children, housing, finances, legal advice, emotional exhaustion. Updating your will can feel like something that can wait.
But it shouldn’t.
If your will still reflects your old relationship, it may no longer reflect what you actually want. And if something happens to you before it is updated, your estate may be dealt with in a way that feels completely out of step with your current life.
This is especially important because separation and divorce do not have the same effect on your will. In Victoria, separation does not automatically revoke your will. If you are separated but still legally married, your existing will may continue to operate as though nothing has changed. This means that your former partner may still be able to receive property under your will unless you make a new one.
That is why updating your will after separation is not just admin. It is protection.
Separation does not automatically change your will
This is one of the biggest misconceptions.
Many people assume that once they separate, their former partner no longer has any role in their estate.
Unfortunately, that is not how it usually works.
If you made a will during your relationship and appointed your spouse as executor or left assets to them, those parts of the will may still be valid while you are separated, and can continue until divorce.
That can create real problems.
For example, your former partner might still be:
the person responsible for administering your estate;
entitled to receive gifts or assets under your will;
involved in decisions about your children’s inheritance;
the person your family must deal with at an already difficult time.
This may be completely different from what you would now want.
A separation may have ended the relationship emotionally and practically, but unless your estate planning documents are updated, your paperwork may still be living in the past.
Divorce changes some things — but not everything
Divorce does affect a will in Victoria, but it is not a complete solution.
Under the Wills Act 1997 (Vic), divorce generally revokes gifts to a former spouse and appointments of a former spouse as executor, trustee or guardian, subject to some exceptions. But the will itself is not necessarily revoked in full.
That might sound reassuring, but it can still leave your estate plan messy.
If your former spouse was central to your will, removing them by operation of law can create gaps. Who becomes executor instead? Who receives your estate? Are backup beneficiaries still appropriate? Does the structure still work?
It may mean that part of your will no longer works the way it was originally drafted.
That is why it is still best to review and update your will after divorce, even if the law has automatically changed some parts of it.
Why delay can create risk
After separation, people often think: “I’ll update my will once the property settlement is done.”
That is understandable. But it can be risky.
Family law property settlements can take time. Divorce also takes time. In Australia, you generally need to be separated for at least 12 months before applying for divorce. During that period, your will may remain unchanged if you are still married.
That delay matters because life does not wait for legal processes to finish.
If you die before updating your will, your estate may pass in a way you did not intend. Your former partner may still have a role. Your children may not be protected in the way you would want. Your family may be left dealing with uncertainty, confusion or conflict.
Updating your will early does not mean everything else is finalised. It simply means your estate planning is brought into line with your current reality.
What if you do not have a will?
If you do not have a valid will, the intestacy rules apply.
That means the law decides who receives your estate.
For separated people, this can produce deeply unwanted outcomes.
If you are still legally married but separated, your spouse may still be treated as your spouse for estate purposes. That can mean they receive part (and in some cases a very significant part) of your estate, even if the relationship has ended.
This is one of the clearest reasons to make a will after separation.
A will gives you control. It allows you to decide who should manage your estate, who should benefit, and how your wishes should be carried out.
Without one, your loved ones may be left with a result no one expected.
Your executor may need to change
Your executor is the person responsible for carrying out your will.
This is a role of significant trust.
They may need to deal with banks, property, superannuation, debts, family members, tax issues and legal paperwork. They may also be the person making practical decisions at a very emotional time.
If your former partner is still named as executor, ask yourself: is that still appropriate?
For some separated couples, the answer may be yes. For many, it will be no.
You might prefer to appoint a trusted sibling, parent, adult child, friend or professional adviser. The right choice will depend on your circumstances, your family dynamics and the complexity of your estate.
The key is to choose deliberately, rather than allowing an old document to decide for you.
Powers of attorney also matter
If you appointed your former partner as your attorney, they may still have authority to make financial or personal decisions for you if you lose capacity.
That can be a serious issue.
Your attorney may be able to deal with bank accounts, property, legal documents and financial decisions. Your medical decision-maker may be involved in health decisions if you cannot make them yourself.
After separation, many people would no longer want their former partner in that role.
Updating your will is important. Reviewing your powers of attorney is equally important.
Don’t forget superannuation and life insurance
Your will may not control your superannuation.
Superannuation death benefits are often paid according to the rules of the fund and any binding death benefit nomination you have in place.
If your former partner is still nominated, that may need urgent review.
The same applies to life insurance. If your former partner is named as beneficiary, that may no longer reflect your wishes.
This makes it important to review beneficiary arrangements, life insurance, powers of attorney, advance directives and related documents after separation or divorce — not just your will.
A proper estate planning review after separation should therefore consider:
your will;
superannuation nominations;
life insurance beneficiaries;
powers of attorney;
medical treatment decision-maker documents;
jointly owned property;
trusts, companies or business interests.
The aim is to make sure all of your documents are working together.
What should you do after separation?
You do not need to solve everything at once.
But you should take some practical steps early. Here are some guidelines
Review your current will. Check who is named as executor and who receives your estate.
Consider whether your former partner is still named in any important roles.
Review how your property is owned, particularly the family home.
Check your superannuation and life insurance nominations.
Update your powers of attorney and medical treatment decision-maker documents if needed.
Finally, get advice that considers both your family law position and your estate planning needs.
That connection matters. Separation often involves overlapping issues: property settlement, jointly owned assets, children, trusts, superannuation and future financial security. Estate planning should not sit in a separate box.
A small step that gives real peace of mind
Updating your will after separation may feel like one more task on a very long list.
But it is one of the most protective steps you can take.
It gives clarity. It reduces the risk of disputes. It helps protect your children and loved ones. It ensures your wishes reflect the life you are actually living now — not the life your old documents were written for.
Separation is a time of transition. Your legal documents should transition with you.
You do not need to have your whole future figured out. But your will should not be left behind.
A gentle next step
If you have separated or are going through a divorce, now is the right time to review your will and estate planning documents.
At Nest Legal, our family law and wills and estates teams can help you understand what needs updating, what can wait, and what steps will give you clarity and peace of mind.
Fresh starts work best when the important things are properly in place.
Disclaimer
This article provides general information only and is not legal advice. Every situation is different. If you have separated or divorced, it is important to obtain legal advice tailored to your circumstances.