Jun 10, 2016
One of the most important services your lawyer can provide you is to explain how YOUR family law matter can have ramifications outside of Family Law. The law needs to be understood as a web of interconnected areas to ensure you and your interests are fully protected. Divorce in particular has ramifications in estate law that may require you or your family to re-evaluate your will.
If you are getting a divorce….
If you and your partner are undergoing a divorce, you will need to consider updating your will to remove your ex-partner. You may also need to do this for a power of attorney or enduring guardianship. A divorce automatically revokes any current wills in place. Secondly, you will need to ensure that your will reflects any changes to your property pool in light of your divorce. This will require you to double check that all property you may have received in a property settlement has been transferred into your name.
If your parents are getting a divorce…
If your parents are getting a divorce and you are over 18 years old, your position in relation to them under estate law may have changed. Your mum or dad may ask you to sign a new power of attorney or enduring guardianship – there are a number of possible problems with this that may require you to seek legal advice.
If your son or daughter is getting a divorce…
You may need to re-evaluate your will. Any issues which arise here will be largely a matter of timing. However, parents are increasingly looking to safeguard their children’s inheritance from the consequences of divorce. This is especially the case if you want to provide or not provide for any step-children. This is a very complex area of law which requires legal advice to ensure your interests are protected.
If you have any further questions about the intersection between divorce and estate law, give us a call on 9688 6023. Our integrated approach to legal services will ensure that your interests are protected.
This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.
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