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- Effect of divorce order
Effect on wills
The finality of a divorce order also may affect any nominations made to the former spouse in a party's Will and it is advisable, after a divorce order has issued, for both parties to review their Wills, as well as any nominations they may have on both superannuation entitlements and life insurance entitlements. The effect of divorce on a party’s Will is outlined in the applicable legislation of the state or territory in question. It may be prudent for your client to obtain advice from an estate planning lawyer prior to any application being filed.
In NSW, if you divorce after you make your Will, any gift to a former spouse is revoked. Your spouse's appointment as executor, trustee or guardian in the Will is also cancelled, but will not cancel an appointment of a former spouse as trustee of property left on trust for beneficiaries that includes your children and the former spouse.
See Effect on wills.
