The answer depends on whether you are legally married or in a de facto relationship.
Section 13 of the Succession Act 2006 (NSW) says that a divorce or annulment of a marriage revokes parts of a person’s will that:
- Appoints the former spouse as an executor, trustee or guardian;
- Gives a gift to the former spouse under the will;
- Provides a grant of a power of appointment under the will to the former spouse.
There is no reciprocal provision for de facto couples. This means that if you make a will in favour of your de facto partner and then separate but do not change your will, your will remains valid and your de facto partner may be appointed as your executor or inherit your estate. This applies even if you have completed a property settlement through the Family Law Act1975.
Meehans Solicitors are experienced in family law and estate planning to ensure you and your assets are protected. Call one of our experienced team members today on 02 4627 3333.
This article was published on 08/07/25 and the information is valid as at the date of publishing. This article is general in nature and is not and should not be considered or relied on as legal advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.
