Update your Will Relationship
In NSW, you must be separated from your spouse for 12 months before a family court will finalise your divorce. After being separated from her husband for nine months, Monika* was severely injured in a car accident on her way to work and passed away.
As the divorce was not yet finalised and the separation had no impact on her Will, all of Monika’s assets were left to her former husband as she had not gotten around to updating her Will following her separation.
A Will is the one important legal document many people forget to update when their relationship status changes. Natalie Darcy, Senior Solicitor Estate Planning at NSW Trustee & Guardian says that it should be one of the first things couples consider.
“In NSW, the Succession Act 2006 governs the legal processes associated with inheritance disputes. Section 12 of the Act states that getting married revokes a Will, although this is subject to certain exceptions. This means a person who recently married may be deemed to have died intestate – meaning they died without a valid Will – if they pass away after the wedding without having updated their Will, any prior Will may be invalid.”
A divorce also generally cancels your former spouse’s appointment as executor, trustee or guardian in your Will, and also any gifts in the Will in favour of your former spouse, but there are certain things that might remain in the Will.
If you’re living in a de facto relationship at the time of your death and you don’t have a valid and up to date Will, the need to prove the relationship can result in additional expense and distress to your partner at a time when they are grieving.
It’s much easier if to make a valid and up-to-date Will with a professional. NSW Trustee & Guardian is trusted by the people of NSW with over one million Wills and counting. Contact 1300 10 20 30 or visit www.tag.nsw.gov.au.
* Names changed to protect the privacy of individuals. relationship
Enjoy the confidence that comes from belonging.
A retirement and independent living village might not be for everyone, however, those who choose to make the move do agree that they should have done it sooner. relationship
For some, it is the opportunity to meet new people and find companionship, while for others it’s about enjoying the freedom from maintaining a large house and garden. For Uniting resident Leoni, that was one of the appeals of making the move to a village.
“Having everything looked after frees up time to do the things you really want to do and isn’t that what retirement is about,” said Leoni. Uniting retirement living resident Joan shared “that’s what I like about it – I moved in and everything is taken care of. I’ve got my independence, but I’m not living in some isolated house on my own, and I must say I’m surrounded by very nice people.”
If you’re interested in retirement living and think it’s the next step in your journey, contact the friendly team at Uniting to discuss if there is a retirement and independent living village near you. Call 1800 864 846 or visit uniting.org/villages