Handy Hints (34) – Reviewing documents favouring your spouse or partner following separation

18 April 2022


OSD Presents…Handy Hints (34)

If your relationship with your spouse or partner is in trouble, then you need to collate and check any documents you might have signed favouring that person during the relationship.

Documents such as a Will, superannuation nomination, Enduring Power of Attorney, Enduring Power of Guardianship or similar will generally need to be reviewed and changed. Otherwise, your spouse or partner may receive a benefit or, be able to take control of your affairs when this would no longer be desired.

For example, separation has no impact on an existing Will. If no action is taken and the testator dies while the Will favouring the estranged spouse or partner is still in force then the outcome will generally be less than desirable.

Similarly, simply tearing up such a Will and not replacing it can also be disastrous as intestacy provisions may still benefit that person.

Rather than take the risk, all these types of documents should be checked by your legal advisors and action taken where needed.

We’re Here to Help

Family law matters can be difficult and complex. If you require any assistance with a family law dispute, always contact a legal practitioner who will be able to help.

O’Sullivan Davies has practitioners experienced in dealing with all family law issues. More information about our services can be found at our About Us page here.


This article is not legal advice and the views and comments are of a general nature only. This article is not to be relied upon in substitution for detailed legal advice.

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