By Maggie Faddoul, Senior Associate 

A Fresh Start Begins with a Plan

Separation brings many changes, emotionally, practically, and financially. Between managing property, finances, and parenting arrangements, it is easy to overlook another important part of moving forward – your estate planning.

Taking the time to update your Will, Power of Attorney and Enduring Guardian during a separation can help you protect your assets, your wishes, and the people who matter most.

How Family Law and Estate Planning Intersect

In New South Wales, family law and estate planning often overlap. While you’re separated but not yet divorced, your former partner is still legally your spouse. This means that if  something happens to you before your divorce is finalised, they could still inherit under your Will, or even intestacy laws if you don’t have a Will.

It is a similar story with Powers of Attorney and Enduring Guardianships. If these documents still name your ex-partner, they may still have the legal right to make financial, medical, or personal decisions on your behalf while you are unable to.

These are details that can have serious consequences if left unchanged.

Simple Steps to Protect Your Future

After separation, it is wise to review and update your estate plan to ensure it reflects your current wishes and circumstances. You might:

1. Update your Will: Decide who you would like to inherit your assets and who you trust to act as your executor. If you have children, you can decide who is to act as their guardian in the event the other parent is unable to.
2. Review your Power of Attorney and Guardianship: Appoint someone you trust to manage your personal affairs when you are unable to do so.
3. Check your Superannuation and Insurance Nominations: These do not automatically follow your Will, so it is recommended you update them following separation.
4. Review jointly owned Assets: Property or accounts held jointly may pass automatically to the other owner, regardless of your Will. You may wish to sever any jointly held assets to safeguard them.

Moving Forward with Confidence

Separation is a chance to take control of your future, and that includes your legal and financial wellbeing. Updating your estate plan now ensures your wishes are clear and your loved ones are protected, whatever comes next.

Our experienced team of family and estate planning lawyers can guide you through the process with practical advice and genuine care.

Ready to Take the Next Steps?

If you are going through a separation, or have outdated Estate documents, or you do not have any, now is the perfect time to review or prepare your Will and Estate Planning documents.

Contact Maggie Faddoul on 02 8415 7607 today to arrange a confidential chat, and take control of what comes next with confidence and peace of mind.