How does divorce or separation affect your Will in South Australia?

Unlike divorce, marriage separation does not have an effect on your Will. For this reason, the period of separation that occurs prior to divorce is possibly one of the most important times to ensure your Will reflects your changed circumstances.

If you fail to update your Will upon separation, and you pass away, your spouse may inherit any property you have left to them. Similarly, if your Will names your spouse as your Executor, they will be entitled to take up that role regardless if you wanted them to or not. Furthermore, if you do not have a Will, a portion of your estate will still go to your spouse under inheritance laws.

However, divorce does affects your Will. In South Australia, divorce will revoke your former spouse as your Executor, and will revoke any gift you have left them. However, this will still not occur if the court believes you actually intended to leave your former spouse a gift.

Rather than leave these matters to the court to unravel, it’s much better to make a new Will during your separation, to ensure your intentions concerning your former spouse are clear.

You should also consider updating (or putting in place) your binding death benefit notice for your super, so that your super balance (and any insurance in super) ends up where you intend.

If you would like us to review your situation, and provide some advice on how to ensure your assets end up where you intend, call us on 1300 654 590.

I am sincerely wanting to thank Marie and Catherine along with the extended Andreyev team for guiding me through the most terrifying, stressful and complex legal matter.

Along with the expertise and knowledge, the team at Andreyev helped guide me through the whole process with patience, kindness and understanding. The constant reassurance and professionalism conducted payed off in my legal matter.

I feel incredibly thankful that Marie and Catherine took my case and helped me start my new life.

Amanda

As a Co-Founder and Executive Director of a fast-growing business securing the right legal advice is paramount to my professional needs, and personal security. Recognising I required the best of guidance and support I needed to find a legal practice and practitioner who could understand my specific needs and provide tailored recommendations to ensure my business kept growing and my assets remained secure.

From the onset I was delighted with the approach from Andreyev Lawyers. They took the time to understand my unique situation and provided considered recommendations. As I do not have a legal background, I particularly appreciated the clarity of communications enabling me to make clearly informed decisions. Subsequently, I decided to proceed with creating a Binding Financial Agreement (BFA) with my partner.

Andreyev Lawyers facilitated the BFA from beginning to end with great care and attention to detail, at each stage keeping me informed and supported. Their attentive and professional service not only resulted in the successful completion of the BFA but all parties ending very satisfied with the outcome due to the ease of process he had led.

I highly recommend Andreyev Lawyers for their professionalism and care and would not hesitate to engage them again in the future.

Lelde 2019

Our Great Lawyer Guarantee

We want to be part of your team over the long term. We'll achieve this by sticking closely to the following principles:

  • We'll listen carefully to understand what you want to achieve. Then we'll thoroughly explain our advice and step you through the documents. You can be sure you'll know the full consequences.
  • Our lawyers work as a team, so someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.
  • One of our key goals is to pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.
  • We only do what we're good at. You can be confident that we know what we're doing and won't pass on the cost of our learning.
  • For advice and documents, we provide a fixed or capped quote so you don’t take price risk. If you're in a dispute, we'll map out the process and costs so you know what to expect.
  • We're not in this game for our egos. We're in it for a front row seat to witness your success.

We measure our success on how efficiently we have facilitated your objectives, enhanced your relationships, and reduced the level of stress for all involved.

If we sound like people you can work with, call us now on 1300 654 590 and speak directly with a great lawyer.

Call and speak with Marie on 0426 134 179

She will guide to you a fresh start.

Specialist Accreditation Family Law

Don’t lose your business along with your marriage

Separation is never easy, but it can be even more difficult for business owners. This is because business owners have the added uncertainty of having their jobs (and often livelihoods) tied up in a business that is considered an asset of the relationship. For many business owners, the most daunting aspect of their separation is the possibility of losing their business.

read more

A Grandparent’s Family Law rights

You may find yourself in a situation where your child or their partner is refusing to let you see your grandchildren or if you are playing a significant role in the care of your grandchildren, threatening to take them away. As a grandparent, you do not have an automatic right to see or care for your grandchildren, but this does not mean you are unable to do anything.

read more