*This blogpost is limited to New South Wales. The laws in each State and Territory differ in relation to these matters.
Contrary to common belief, divorce does not affect the operation of a Power of Attorney or an Appointment of Enduring Guardians.
The only way (other than a Court order) to revoke either:
- a power of attorney; or
- an appointment of enduring guardians
is to sign a form of revocation of each and to serve notice on the attorney/guardian so the attorney/guardian whose powers are being revoked is aware of this.
Does divorce affect a Will?
Subject to the contrary intention being expressed in a Will, if you divorce after you make your Will, it only revokes or cancels any gift to a former spouse and their appointment as executor.
Does marriage affect estate planning documents?
Marriage also has an affect on the operation of your Will depending on whether the Will was specially made “in contemplation” of the marriage.
An Appointment of Enduring Guardian is automatically revoked upon marriage even if the person you marry is the person appointed as your enduring guardian.
A Power of Attorney however, is unaffected by marriage, regardless of your nominated attorney/s.
Regular reviews
If any time your circumstances change, such as a birth or death in the family, a marriage, separation or divorce or a material change in finances (for the better or the worse) you should consider whether your estate planning documents require any updates. It may be that no change is necessary, but it at least should be considered.
FURTHER INFORMATION
For further information in relation to estate planning, contact McKillop Legal on (02) 9521 2455 or email help@mckilloplegal.com.au
This information is general only and is not a substitute for proper legal advice. Please contact McKillop Legal to discuss your needs.
