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

Why Newstead Chooses Andrews Family Lawyers for Wills During Separation

Separation and divorce affect estate documents in ways most people do not expect. Andrews Family Lawyers works at the intersection of family law and estate law – coordinating will updates, enduring powers of attorney, and superannuation nominations alongside property settlements and binding financial agreements. This means your legal documents move forward together, not in isolation.

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

Your existing will may leave assets to a former partner, appoint them as executor or trustee, or grant them a power of appointment. Andrews reviews your current will against your changed circumstances and prepares updated documents that are legally sound and witnessed properly – Queensland law requires two unrelated witnesses for a valid will. A DIY will that is not properly executed, or that does not account for a former partner, can be more likely to face a legal challenge, so having a lawyer draft or update your will can reduce that risk.

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

An enduring power of attorney allows trusted individuals to make decisions if you become incapacitated. If your former partner currently holds that authority, they may retain it during separation – divorce may revoke their appointment under section 53 of the Powers of Attorney Act 1998 (Qld), but separation alone generally does not. This is different to the position for wills – unlike the automatic changes that can apply to a will when a de facto relationship ends, an enduring power of attorney is not automatically revoked just because a de facto relationship ends, so it is worth reviewing this document yourself if your former partner still holds this authority. Andrews prepares new enduring powers with appointees you trust.

Superannuation Nomination Reviews

Superannuation death benefit nominations sit outside your will. Updating your will does not automatically update your superannuation fund nomination. If you have a binding nomination naming a former partner, that nomination may remain in force regardless of separation or divorce. Andrews coordinates your estate planning across all asset types so nothing is overlooked.

How This Fits With Your Family Law Matter

Estate planning and property settlement are connected but distinct. A binding financial agreement or court order determines how assets are divided – your will determines what happens to those assets if you die. One does not replace the other.
Andrews Family Lawyers helps clients align their wills and estate documents with the outcomes of their property settlement. If your asset ownership changes through a family law matter, your will should reflect those changes. Similarly, if a property settlement is pending, your will review can account for likely outcomes so your beneficiaries and estate administration are not left in conflict.
Lawyers may also advise on the consequences of dying without a valid will – known as intestacy – where Queensland succession laws determine how your estate is distributed, potentially in ways you would not choose.
Preparing for the requirements for a consent order

What Happens If You Die Without Updating Your Will

If you die without a valid will, or your will does not deal with your whole estate, the Succession Act 1981 (Qld) intestacy rules decide who inherits – not your personal wishes. These rules apply automatically under sections 35 to 37 of the Act and cannot be varied informally.
A surviving spouse is generally entitled to household chattels, a statutory legacy amount set by regulation, and a share of the remaining estate, with any balance shared among children. A spouse who is separated but not yet divorced is still treated as a spouse for these purposes, so they may inherit under intestacy even if that is not what you would choose. A de facto partner is only treated as a spouse for intestacy purposes if the relationship continued for at least two years up to the date of death, under section 5AA of the Act.
Keeping a valid, up-to-date will is the only way to control who receives your estate rather than leaving that decision to the intestacy formula.

Areas We Serve

Andrews Family Lawyers is based in Newstead and serves Brisbane families across inner Brisbane and surrounding suburbs, including:

Newstead, Teneriffe, Fortitude Valley

New Farm, Bowen Hills, Wooloowin
Herston, Kelvin Grove, Spring Hill
Windsor, Albion, Clayfield
Broader Brisbane and Gold Coast by arrangement

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.

This page provides general information about wills and estate matters in Queensland. It is not legal advice. Individual circumstances vary, and we recommend having a qualified lawyer review your will and related documents in light of your specific situation.

Get Started With Your Will Review

If you are separated, divorcing, or recently re-partnered, a 20-minute consultation with Andrews Family Lawyers can identify whether your will, enduring powers, guardianship provisions, and super nominations still reflect your intentions. There is no cost and no obligation.
Andrews Family Lawyers · Newstead, Brisbane · Contact us for a free initial consultation