Mackenzie Elvin

Marriage Break up can affect your will in strange ways

Mr and Mrs Baker’s* marriage dissolved in 1988. They had no children. Mr Baker left everything to his wife in his Will. He never got around to changing it before he died in August 2000.

Mr Baker died and his wife inherited nothing because on the dissolution of their marriage her entitlements under the Will automatically disappeared. This would have been fine with Mr Baker however what happened next was nearly enough to bring him back from the dead.

The Administration Act 1969 determines how the estate is to be distributed. According to the Act the estate was to be divided equally between Mr Baker’s parents and Mrs Baker’s parents. However, his parents had died before him and his former father-in-law has also died before him. So Mr Baker’s former mother-in-law inherited the entire estate. This may seem strange but divorce only has the effect of removing the former husband or wife from the Will meaning the former husband or wife’s parents and other relatives are still entitled to benefit even if they are not named in the Will.

If you would like us to prepare a Will for you that accurately reflects your intentions or if you have been meaning to get around to updating your Will but haven’t, contact Evan Christensen our Trust and Wills specialist for more information.

*not their real names