What You Need to Know About Updating Your Will After Separation

Reframe Legal Blog | Practical Legal Knowledge for Women Rebuilding Their Lives

Separation can feel like everything in your life is shifting at once—your home, your finances, your parenting routine, and your sense of security. In the middle of all that, it’s easy to forget about your will. But updating your will after separation is one of the most important steps you can take to protect yourself and your children.

At Reframe Legal, we work with women at all stages of separation and divorce. One of the most common oversights we see is that many women assume their will automatically becomes invalid once they separate. But in most cases, it doesn’t. And this can lead to serious, unintended consequences.

Why You Need to Update Your Will After Separation

In Australia, separating from a partner—whether you’re married or in a de facto relationship—does not automatically revoke your existing will. That means if you created a will during your relationship, your former partner may still be listed as a key beneficiary or as the executor in charge of managing your estate. Unless you actively change your will, your ex could still inherit your assets or control how they’re distributed, even after you've separated.

This becomes especially risky if you pass away before your divorce is finalised, or if you've separated from a long-term de facto partner without updating your estate plan. Your former partner could end up with a significant portion of your estate—regardless of your current wishes—or worse, your children or loved ones could be left out entirely or forced to contest the will.

What Actually Happens to a Will After Divorce or Separation?

The law draws a clear distinction between separation and divorce. While a legal divorce may cancel certain provisions in your will (such as those appointing your former spouse as executor or beneficiary), this only happens once the divorce is finalised through the court. The months or even years between separation and divorce can leave a dangerous legal gap—where your ex remains in full legal control of your estate unless you act.

It’s also important to know that divorce does not invalidate your entire will. Some provisions may remain in force, which can create inconsistencies or confusion. And in the case of de facto separation, divorce law doesn’t apply at all—meaning your ex-partner might retain rights under your existing will unless you specifically change it.

What Should You Do About It?

The best time to update your will is shortly after you separate, even if you're still figuring out other parts of your settlement. You do not need to wait until your divorce is final. In fact, delaying can leave your affairs in limbo, putting your children, your assets, and your peace of mind at risk.

When you update your will, it’s also important to review the related documents that go hand-in-hand with it—your enduring power of attorney, superannuation beneficiary nominations, life insurance policies, and any family trusts or business interests. These documents often work together as part of your broader estate plan, and each one may need to be updated to reflect your changed circumstances.

What Your New Will Should Cover

Once you’ve made the decision to revise your will, the next step is to ensure it reflects your current wishes and situation. This is an opportunity to take back control over how your estate is handled and who is responsible for carrying out your instructions.

You’ll want to consider who you now want to inherit your estate—whether that’s your children, siblings, parents, or perhaps a close friend or charitable organisation. You should also decide who you trust to act as your executor—the person responsible for managing your estate after your death. If you previously named your former partner, this is the time to choose someone new.

If you have children, especially if they’re under 18, your will is the place where you can nominate a guardian. This is particularly important if you are the primary carer or if you want to ensure continuity and stability in their upbringing. You can also include provisions that support your children financially through a testamentary trust—a structure within your will that ensures their inheritance is managed wisely and protected until they’re mature enough to handle it themselves.

Finally, if you anticipate entering a new relationship or blending families in the future, it’s worth thinking ahead about how your will can create fairness and protection for everyone involved, while avoiding potential disputes.

Why This Matters for Women Especially

Estate planning after separation is not just a legal task—it’s an act of protection, agency, and care. Many women come out of long relationships in a financially vulnerable position, having sacrificed career progression or income to raise children or support their partner’s work. After separation, they often find themselves rebuilding from the ground up—emotionally, financially, and legally.

In this context, updating your will is not about paperwork. It’s about making sure that the assets you do have—no matter how modest—go to the people you love. It’s about ensuring your children are supported. And it’s about building a life where your legal documents reflect your values, your independence, and your future.

How Reframe Legal Can Help

At Reframe Legal, we know that separation and divorce can feel overwhelming—but you don’t have to navigate it alone. We support women in transition by helping them take clear, practical legal steps that offer real protection and peace of mind.

If you're unsure where to start, you don’t need all the answers today. The most important step is reaching out. We can guide you through how wills work after separation, what changes are needed, and how to structure your new will in a way that aligns with your goals.

This isn’t about going back—it’s about moving forward, with clarity.

Let’s Reframe What Comes Next

If you’ve recently separated, or even if you’ve been meaning to sort out your legal affairs for a while, now is the perfect time to act. Updating your will is a deeply empowering way to protect yourself, your children, and your legacy.

This article is written for general information and is not legal advice. If you need personal legal support, we encourage you to speak with a solicitor experienced in estate planning and family law in your state.