Separation, Divorce and the Documents That Don't Know You've Broken Up
Estate Planning
Separating does not touch your Will. Neither does moving out, changing the locks or blocking a number. Every nomination, appointment and authority you signed while you were together carries on exactly as written, indifferent to whatever has happened since.
Divorce cancels some of it. Once a divorce is finalised, a gift to the former spouse in a Will falls away, and so does any role they held under it, such as executor, unless the Will says otherwise.
Separation cancels nothing. However long a separation runs, a Will keeps operating on its original terms until a court finalises the divorce.
A Will is not even the most stubborn document in the drawer. Several others keep running through a separation, and some run straight through a divorce as well.
An enduring power of attorney rarely notices a breakup. Unless the person who gave it actively changes it, a former spouse can still hold the power to make financial and legal decisions on the other person's behalf.
A superannuation death benefit nomination behaves the same way. Most fund deeds keep the existing nomination in force until the member changes it.
A trust deed can be the quiet one. Whoever holds the successor appointor or guardian role often keeps the power to replace the trustee or direct their decisions, whatever has happened in the person's private life.
A life insurance nomination follows the same script. Policy terms usually keep the named beneficiary in place until the policyholder changes it.
Follow all four through to their natural end and the same outcome keeps showing up. Money, control or both can land straight back with the person the client has just spent months separating from.
Family law issues absorb most of a separating client's attention, and understandably so. Succession documents sit untouched in the background.
The fix is a full review, done early rather than after the fact. Many clients start with a temporary set of documents that removes the immediate risk while the family law matters play out, then revisit everything properly once those matters resolve.
A complete review takes in the Will, any powers of attorney, superannuation death benefit nominations, life insurance nominations and any trust control documents, together rather than one at a time.
Anyone unsure how their estate would land during a separation should raise it with a lawyer or adviser, rather than assume the paperwork will sort itself out.
How we can help
We review and update Wills, powers of attorney, superannuation death benefit nominations, life insurance nominations and trust control documents for people who are separating or who have recently divorced. The first conversation is free.
Call us on 1800 571 113.
Please call rather than sending details about your family or your estate through a web form. We act for people on both sides of estate matters, and we run a conflict check before we advise.
Disclaimer
This article is general information about the law of New South Wales as at 7 October 2026. It is not legal advice, and reading it does not create a solicitor and client relationship with Dormer Stanhope. It does not take your circumstances into account, and the law in other States and Territories differs. The law also changes. If you have separated or divorced, or you are about to, speak to a solicitor about your own position.
