Relationship status changes and estate planning: Life (re)begins (at the hop)**

Previous posts have highlighted the significant impact a change of relationship status can have on any estate planning arrangements.

The conservative approach is to always update estate planning documentation as soon as it is clear that there is either a new relationship that is evolving towards de facto status or marriage, or a previous relationship that has no real prospect of a reconciliation following an initial separation.

This said, it can be important to understand the broad rules that apply in the event of marriage and divorce on both wills and enduring powers of attorney (EPA).

The following table sets out the broad position, which unfortunately, is inconsistent across each Australian jurisdiction and also as between the situation for wills and EPAs.

The general position is that neither the commencement nor ending of a de facto relationship has any impact on estate planning documentation. This said, some jurisdictions are evolving the rules in this regard as well, for example on the ending of a de facto relationship in Queensland the position is now largely the same as for the ending of a marriage (ie partially revoked).

State	Will – Marriage	Will – Divorce	EPA – Marriage	EPA – Divorce
Victoria	Partially revoked	Partially Revoked	No effect	No effect
New South Wales	Partially revoked	Partially Revoked	No effect	No effect
Queensland	Partially revoked	Partially Revoked	Revoked	Revoked
Tasmania	Partially revoked	Partially Revoked	No effect	Revoked
South Australia	Revoked	Partially Revoked	No Effect	No Effect
West Australia	Revoked	Revoked	No effect	No effect
Northern Territory	Revoked	Partially Revoked	No effect	No Effect
Australian Capital Territory	Revoked	Partially Revoked	Revoked	Revoked

Notes:

1. On marriage, wills in all jurisdictions are at least partially revoked, unless they are made in contemplation of marriage
2. In all jurisdictions, following divorce, an ex-spouse is automatically excluded from receiving direct benefits under the will.
3. Most States and Territories allow a willmaker to make a gifts, following divorce, directly to an ex-spouse where that intention is expressly stated in the will. If this is the case the disposition will still be valid.
4. Western Australia is the only jurisdiction where all dispositions to ex-spouses following divorce are automatically revoked.

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** For the trainspotters, the title of today's post is riffed from the XTC song ‘Life begins at the hop’.

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