Separated or divorced? Your Will may still leave everything to your ex-partner. Core Legal Masterton & Wellington explains what happens to your Will after separation, why updating it matters, and how to ensure your assets go where you intend.

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Where There’s a Will… Understanding How Separation Affects Your Estate Plans

A common misconception among couples is that a separation automatically invalidates an existing Will. Recently, a de facto couple discovered this the hard way. They had created Wills a decade earlier leaving everything to each other. After separating, they assumed those Wills “no longer applied.”

They were wrong. Separation does not revoke a Will, even after many years.

If the couple had been married and then legally divorced, the provisions benefiting the former spouse would be treated as void—but the Will itself would still remain valid. Without updating their documents, both partners would have unintentionally left their entire estate to their ex, completely contrary to their wishes.

This example highlights a crucial point: never assume your Will updates itself. Understanding how Wills actually work can prevent major problems for your family.

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Why Having an Updated Will Matters

Your Will sets out what happens to everything you own—your assets, property, personal items, and even debts—after you die. Even if your situation seems simple, a current Will provides clarity and avoids costly delays.

Dying Without a Will Complicates the Court Process

Many people don’t realise that estates with assets over $40,000 must go through the Court process, with or without a Will. However, dying without one significantly slows down the administration and puts unnecessary stress on grieving family members.

A valid Will streamlines the process and informs the Court exactly how you want your estate divided.

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What Should Be Included in Your Will?

A professionally drafted Will typically covers:

• Appointment of executors to manage your estate

• A list of beneficiaries and what they are to receive

• Instructions for special belongings or taonga

• Specific financial gifts to people or organisations

• Appointment of guardians for children

• Wishes relating to funeral arrangements, burial, cremation, or organ donation

• Powers given to executors to carry out your instructions

Your personal circumstances may require additional clauses, especially if you have:

• A family trust

• Business interests or company shares

• Complex family situations

• Intentions to exclude someone from your Will

Legal advice is essential to ensure your Will is valid and enforceable.

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When Should You Update Your Will?

Core Legal recommends reviewing your Will:

• Every five years

• When you marry, separate, or divorce

• When you have children

• When you acquire significant assets

• When your relationships or personal wishes change

Waiting too long can leave your family dealing with consequences you never intended.

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Don’t Delay — Protect Your Estate Now

Preparing or revising your Will is easy to put off, but once you need it, it’s too late to make changes. The team at Core Legal Masterton & Wellington offers practical, cost-effective guidance to ensure your wishes are clear and legally enforceable.

Contact us today to update your Will and protect what matters most.
Book a consultation

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Frequently Asked Questions (FAQ)

1. Does separation cancel my Will?
No. Separation does not invalidate your Will. Only certain provisions may be affected after a legal divorce.

2. What happens if I die without updating my Will?
Your assets may go to someone you no longer intend to benefit, including an ex-partner.

3. How often should I review my Will?
At least every five years or after major life events like marriage, separation, having children, or acquiring property.

4. Do I need a lawyer to update my Will?
Yes. DIY Wills often fail to meet legal requirements and can be challenged. Professional drafting ensures validity.

5. Can Core Legal help with urgent Will updates?
Absolutely. Core Legal Masterton & Wellington provides timely, practical advice and fixed-price initial consultations.