Does separation affect my Will?
3 June, 2025 | Kimberley Brown
If you have recently separated from your spouse or partner, reviewing your estate planning documents may not be top of mind. However, it is important to understand how separation affects your existing Will — and what steps you need to take to ensure your estate is distributed the way you intend.
Separation does not automatically update your Will
Under New Zealand law, separation — whether from a marriage or de facto relationship — does not revoke or change your existing Will. This means that your Will remains valid and legally binding in its current form, unless or until you formally revoke it. The best way to do this is by having a new Will prepared.
What happens if I die without updating my Will?
If you die without updating your Will after separating:
- Your former partner will still inherit anything you left to them in your Will;
- If they were appointed as executor and trustee, they still have the legal right to manage and administer your estate.
- Any other terms that benefit them will remain in effect.
The end result is that your estate will be administered in a manner that no longer reflects your wishes.
Not yet divorced? Your Will still applies
Divorce will make any distribution to your ex spouse void but you cannot apply for a formal dissolution of marriage or civil union until you have been separated for at least two years. Many couples delay applying for a divorce long after separation. However, until your divorce is finalised through the Family Court, you are still considered legally married — and your Will still applies as if you were together.
What if you were never married?
The same applies if you and your former partner were in a de facto relationship; separation has no impact on your existing Will, which remains unchanged unless you take the proper steps to revoke it.
My partner and I are separating. What do I need to do?
After a relationship breakdown, it is important to:
- Create a new Will to reflect your current wishes and remove your former partner from your Will (if desired).
- Review any Enduring Powers of Attorney documents (EPOAs) especially if you do not want your former partner to remain your attorney for Property and / or Personal Care & Welfare matters.
- Review Life Insurance Policy ownership or nominated beneficiaries.
- Consider whether you need legal advice regarding the division of your relationship property, which may be formalised by way of a Relationship Property Agreement.
Protect your estate and your loved ones
To make sure your estate is handled the way you intend, we strongly recommend reviewing and updating your Will as soon as possible after separation. Leaving an outdated Will in place can lead to unnecessary disputes, delays, and stress for your family.
Need to update your Will after separation?
We understand there is a long list of practical and emotional matters to manage after separation. While updating your Will might not be top of your mind right now – it is one thing you can do to get some peace of mind.
Our team of expert Estate Planning lawyers and legal executives can guide you through your options and help you put the right documents in place.
Want to know more?
Complete the form below and we will get back to you promptly, or contact Kimberley Brown at kimberley.brown@smithpartners.co.nz or (09) 837 6847
