Handy Hints (28) – Importance of updating your Will

5 September 2022


OSD Presents…Handy Hints (12)

If your former de-facto partner or spouse passes away after you commence property proceedings in the Family Court, in certain circumstances those proceedings can continue with the deceased party’s “personal legal representative” being substituted in to the place of the deceased in the proceedings.

The deceased party’s “legal personal representative” is usually the executor or administrator of the estate.

If the deceased party has not updated their Will after separation, and the surviving party was nominated as the executor of their estate, or if there was no Will at the time of death, then the surviving spouse may be the legal personal representative.

This can create an interesting and often problematic situation where the surviving spouse will then be acting as both the applicant and respondent in the Family Court proceedings.

This is why it is important to update your Will on separation to ensure you the Will reflects your wishes, and you are content with the Executor appointed, as he or she may have to continue proceedings in your name.

It is important to note that Family Court proceedings can only be commenced whilst both parties are alive.

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.

If you would like to republish this article, please contact us prior to doing so at info@osullivandavies.com.au.