New Will

Discussion in 'Wills & Estate Planning' started by John Duncombe, 3rd Mar, 2022.

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  1. John Duncombe

    John Duncombe Member

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    Hi to All,
    Soon to receive divorce documents. Is it possible and practicable to copy the existing Will, whilst married, and rewrite / change the existing conditions and beneficiaries, have the (new) Will signed by a JP. Presented as my current Will, would it be considered legal and enforceable. I only have one sibling remaining and no children.
    Regards
    John
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    potentially - but it wouldn't be valid if signed by a JP. You would have to sign it and 2 witnesses would have to see you sign it and witness your signature signing themselves. no need for a jp
     
  3. Trainee

    Trainee Well-Known Member

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    Does divorce invalidate previous wills?
     
  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    No, but it can affect gifts made to the previous spouse.

    But in this case the op is going to make a new will, copying the old one by changing the names I think
     
  5. dabbler

    dabbler Well-Known Member

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    As soon as separated and you know you will not be back together, change your will, POA and who has control of your health/life in case of sickness or accident.

    Do not wait & do not try and do it yourself is my suggestion.
     
    wylie likes this.
  6. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Dont ignore binding nominations for super which may still nominate the ex or perhaps compound the issue for the will. Easily overlooked and why legal advice is wise. The legal adviser handling the divorce (as your representative) could easily advise you.
     
    Marg4000 likes this.
  7. Marg4000

    Marg4000 Well-Known Member

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    At the same time, review any Enduring Power of Attorney directions.
     
    wylie likes this.
  8. John Duncombe

    John Duncombe Member

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    Hi to All,
    Thank you for the replies. Unfortunately I am to be the receiver not the initiator of the divorce papers.
    The Property settlement took ten months, not complicated, just an over enthusiastic on the wife’s side. Such a joy as the NSW house prices were rapidly rising.
    Just another kink in the road I guess.
    Regards and thank you
    John
     
  9. dabbler

    dabbler Well-Known Member

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    It does not matter about divorce papers. Or settlement. Is about where you want your estate to go.

    Usually it goes to other, but it does not have to. Not many would want ex to get estate or have power to make decisions for you, so solicitor should have advised that change within an hr or so of first contact.

    If you want proper control get a specialist.

    If you settled but have no BFA....do it now would be my suggestion.

    A lot think settlement and divorce us the end.....but it may not always be so.
     

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