Making A Will

Making a Will will not kill you! - but what will happen if you don't make one? (Cont...)

And revocation?

Your Will is automatically revoked if you:

• Make a new Will
• Destroy your Will
• Get married

Remember also that divorce cancels a gift to that former spouse - which brings us on to:

Wills, Divorce and Marriage Breakdown

It is essential if you are thinking about or have started divorce or separation proceedings that you also consider making or altering your Will. Until you are finally divorced and the "Decree Absolute" is obtained (and this can take many months even years) your husband or wife may benefit under the terms of your existing Will or the intestacy rules. It seems a nonsense if you are going through an acrimonious divorce and arguing over ownership of the lounge suite, only to die half way through and to have everything pass to your spouse anyway because you did nothing about making a Will!

Can my Will be challenged?

A court can be asked by relatives or any one who is dependent upon you to make provision for them out of your estate if you have not adequately done so. However a Will cannot be challenged simply because someone does not agree with it.

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The articles on legal topics published in these pages are for interest only and are necessarily general in their terms. You should not act (or refrain from acting) on the basis of the information given without specific advice, as the principles and laws concerned may change, and their application will vary according to the particular circumstances.