How to Change Your Will After Divorce in Queensland

Yes, you can and should change your Will after a divorce to ensure your estate reflects your updated wishes and legal obligations.  

In fact, failing to update your Will post-divorce can lead to unintended outcomes, including ex-spouses receiving assets or being appointed as executors against your current intentions. 

Understanding the importance of updating your Will in Brisbane after a divorce is crucial for protecting your estate, loved ones, and final wishes. Here’s what you need to know about how and why to change your Will after divorce. 

Why You Must Change Your Will After Divorce in Queensland 

When a couple divorces in Queensland, certain aspects of their Will may be automatically revoked by operation of the Succession Act 1981 (Qld). Specifically, any appointment of your former spouse as executor, trustee, or guardian, and any gifts made to them in your Will, will be considered void after the divorce is finalised. 

However, this automatic revocation only applies from the date the divorce is granted, not during separation or family law proceedings.

This means that if you pass away while still legally married—even if you’re separated—your Will could still be valid in its original form and may benefit your ex-spouse. It is therefore important for you to take pro-active steps otherwise this may result in: 

• Partial intestacy, where parts of your estate are distributed under intestacy rules rather than your wishes. 

• Unintended consequences, such as distant relatives receiving assets you had meant for someone else. 

• Disputes among beneficiaries, especially if roles and distributions are unclear after the revocations. 

Real-Life Example: 

Let’s say Jack names his wife, Susan, as his sole executor and leaves his estate to her. They divorce, and Jack doesn’t change his Will. Years later, Jack passes away. Susan's appointment as executor and her inheritance are revoked. Jack has no alternate executor or beneficiaries listed. Now, part of his estate will be distributed under intestacy laws—which may go to people he never intended. 

Can I Just Update My Existing Will? 

In some cases, yes. However, creating a new Will is generally the safest and most effective way to reflect your new circumstances. Updating an existing Will requires a formal process called a codicil, which must meet the same legal requirements as a Will.

It’s not recommended if you have significant changes to make and in most cases it is more efficient to simply replace the will.  A new will: 

• Provides clarity and avoids confusion from multiple documents. 

• Lets you completely restructure your estate distribution. 

• Allows you to appoint new executors, guardians, and trustees without relying on revoked clauses. 

• Gives you an opportunity to review all aspects of your estate planning, including superannuation and powers of attorney. 

What Else Should I Update After Divorce? 

Your Will is only one part of your estate plan. After a divorce, consider updating the following: 

1. Superannuation Beneficiaries 

Superannuation is not automatically governed by your Will. You must submit a new default / reversionary nominations and Binding Death Benefit Nominations to your super fund to ensure your benefit goes to the right person. 

2. Powers of Attorney 

If you’ve appointed your ex-spouse as your Enduring Power of Attorney for financial or health matters, it’s important to revoke and replace that appointment. 

3. Life Insurance Policies 

Update the nominated beneficiaries on any life insurance policies, as they may still list your ex-spouse. 

4. Trusts and Business Interests 

If you have family trusts or business agreements in place with your former spouse, seek legal advice on how divorce affects these structures and what actions are needed. It is likely that a Deed of Variation will be required in relation to any trust structure to ensure your desired inheritance of control is achieved.  

How to Change Your Will After Divorce in QLD 

Here’s a step-by-step process to ensure your Will is updated correctly: 

Step 1: Seek Legal Advice 

Changing a Will is a formal legal process. You should speak to an experienced Wills and Estate Lawyer in Brisbane to ensure your new Will is valid and accurately reflects your intentions. 

Step 2: Revoke the Old Will 

Formally revoke your old Will by including a revocation clause in your new Will or making a separate written declaration of revocation that meets legal requirements (although this latter approach is not preferred unless followed immediately by a new Will). 

Step 3: Draft a New Will 

Your new Will should: 

• Clearly state your new beneficiaries. 

• Appoint new executors and guardians. 

• Consider any minor children, future partners, or charitable wishes. 

Step 4: Sign and Witness Your New Will 

To be legally valid in Queensland, a Will must be: 

• In writing. 

• Signed by you (the testator). 

• Witnessed by two people who are not beneficiaries or related to beneficiaries. 

Step 5: Store the Will Safely 

Keep your new Will in a secure location, such as with your solicitor, the Public Trustee or in a fireproof safe. Inform your executor or a trusted family member of its location.

Be careful though, as the Supreme Court presumes you have destroyed your will if it has gone missing while in your possession.

This means a disgruntled family member or friend could do away with the original if they did not like the content, leaving your estate to be administered by the rules of intestacy instead.  

When Should You Update Your Will Again? 

Your Will should be reviewed regularly—not just after divorce. You should also consider updating it: 

• After re-marriage or entering a de facto relationship. 

• When you have children or grandchildren. 

• If your assets or financial circumstances change significantly. 

• After the death of a beneficiary or executor. 

• Every 3–5 years as a general rule, even if nothing major has changed. 

Common Mistakes People Make After Divorce 

❌ Assuming separation revokes a Will It does not. You remain legally married until the divorce is finalised. 

❌ Failing to appoint a new executor If you only had your ex-spouse listed, this could cause delays or disputes. 

❌ Not updating other documents like powers of attorney These continue to be valid until revoked. 

❌ Leaving things too late Passing away without a valid Will that reflects your current wishes could leave your estate subject to Queensland intestacy laws. 

FAQs: Changing Your Will After Divorce in Queensland 

Is my Will automatically invalid after divorce? 

No. Only parts of the Will that benefit your former spouse or appoint them to roles like executor or trustee are revoked. The rest of the Will remains valid, which can create complications if not updated. 

Can I exclude my ex from receiving anything? 

Yes, but it must be done clearly in a new Will. Also, consider the possibility of a family provision claim if your ex was financially dependent on you or still has parental responsibilities. 

Do I need a solicitor to change my Will? 

Legally, no—but it's highly recommended. DIY Wills often lead to errors or disputes which can be costly, time consuming and stressful for your executors, beneficiaries and family generally. A solicitor ensures your new Will is valid and comprehensive. 

Take Control of Your Future – Update Your Will Today 

Divorce is a major life change that should always prompt an update to your Will and estate plan. Whether you’re newly separated or already divorced, it’s critical to ensure your estate reflects your current wishes and protects your loved ones. 

📞 Contact Drakos & Company Solicitors Today 

Let our experienced Wills and Estate Lawyers in Brisbane help you draft a legally sound, up-to-date Will that gives you peace of mind.