Wills and Estate Lawyer Newstead
If you are separating or divorcing, your will may still name your former partner as executor, beneficiary, or guardian of your children. Under Queensland law, being separated while still married does not automatically change your will – though the position is different if you were in a de facto relationship that has ended. Either way, that gap can leave your estate, your assets, and your family exposed until you act. Andrews Family Lawyers helps Newstead residents review and update wills, enduring powers of attorney, guardianship provisions, and superannuation nominations so your estate planning reflects your life right now.
Why Newstead Trusts Andrews Family Lawyers
- Free 20-minute initial consultations with no obligation
- Located in Newstead with a focused understanding of Queensland succession law and its intersection with family law
- Estate documents reviewed and updated alongside family law matters
- Our lawyers work with clients to update wills and estate documents alongside their family law matter
Why Newstead Chooses Andrews Family Lawyers for Wills During Separation
- Family law context built in - your will review accounts for pending property settlement outcomes and changing family structures, so your estate planning stays aligned with your broader matter
- Queensland-specific guidance - succession law is state-based, and Andrews' lawyers apply the Succession Act 1981 (Qld) and the Powers of Attorney Act 1998 (Qld) to your personal matters
- Tailored solutions for separating couples - every client's circumstances are different, and Andrews structures its legal services around what you actually need rather than a one-size approach
Our Wills and Estate Lawyer Services for Separating Couples
Family changes – including separation, divorce, or entering a new de facto relationship – may require updating wills, powers of attorney, and nominations across multiple legal documents. Below are the practice areas Andrews covers for clients going through relationship breakdown.
Will Reviews and Updates After Separation
Guardianship Provisions for Children
If your will names your former partner – or someone connected to them – as guardian of your children, separation is the time to revisit those appointments. Andrews helps parents with dependent children put clear guardianship directions in place that protect their children’s interests and reflect current family arrangements.
Enduring Power of Attorney Updates
Superannuation Nomination Reviews
How This Fits With Your Family Law Matter

What Happens If You Die Without Updating Your Will
Areas We Serve
Newstead, Teneriffe, Fortitude Valley
Frequently Asked Questions
No. Under section 15 of the Succession Act 1981 (Qld), divorce revokes gifts, executor or trustee appointments, and powers of appointment made to a former spouse in your existing will – but it does not cancel the entire will. Other beneficiaries and provisions remain valid. The divorce order must have taken effect for these revocations to apply. A contrary intention clause in the will may also affect the outcome. This is Queensland-specific – succession law varies between states.
If you are married and separated but not yet divorced: no. Separation alone does not automatically revoke or change any part of your will under Queensland succession law. Your separated spouse remains a beneficiary, executor, and potential intestate heir until divorce is finalised or you update your will manually. Because the mandatory separation period before filing for divorce can last 12 months or more, your will may be out of date for a significant period.
In most cases, yes. Under section 15B of the Succession Act 1981 (Qld), the ending of a de facto relationship revokes a gift made to your former de facto partner in an existing will, and revokes their appointment as executor, trustee, advisory trustee or guardian, in the same way that divorce affects a married couple’s will. This does not apply to an appointment of your former partner as trustee for property left on trust for children you have together, and it does not apply if your will states a contrary intention. Because there is no formal process that marks the end of a de facto relationship the way a divorce order does, it can be less obvious when this rule applies, so reviewing your will as soon as the relationship ends is worthwhile.
Superannuation death benefit nominations are separate from your will. If you have a binding nomination naming your former partner, that nomination may remain in force regardless of your relationship status – divorce does not automatically cancel it. You need to contact your superannuation fund directly to update your nomination. This is general information only, not financial advice.
Potentially, yes. Under the Powers of Attorney Act 1998 (Qld), divorce may revoke a former spouse’s appointment as attorney unless the enduring document expresses a contrary intention. However, separation without divorce does not generally trigger automatic revocation. If your former partner holds your enduring power of attorney, they may still have authority over your financial or health decisions until you take steps to revoke or replace the document.
Not always. Property you own as joint tenants – for example, a home held jointly with a partner – passes automatically to the surviving owner by survivorship, regardless of what your will says. Only property you own as tenants in common, or in your sole name, is distributed according to your will. If your property ownership is changing as part of a property settlement, it is worth checking how each asset is held before relying on your will to direct it.
Marriage automatically revokes existing wills in Queensland unless the will was made in contemplation of that specific marriage. Entering a new de facto relationship does not automatically revoke your will, but it may change who has a claim against your estate. Marriage also affects your enduring power of attorney: under section 52 of the Powers of Attorney Act 1998 (Qld), marrying revokes the appointment of any attorney other than your new spouse, and does not automatically appoint your new spouse in their place – which can leave you without a valid attorney until you make a new document. Reviewing your will and enduring power of attorney when your relationship status changes – in either direction – is an important part of effective estate planning.