Yes You Do is the short answer.
Throughout Australia (exceptWestern Australia) divorce revokes a gift of property or Appointment of Trusteeship made in a Will in favour of a former spouse if there is no contrary intention being stated in the Will itself.
Divorce does not however revoke an appointment of your former spouse as a Trustee of property left on trust for your’s and your spouse’s children.
Unlike Wills however, a divorce does not revoke the appointment of your spouse as your Attorney or Enduring Guardian. A Power of Attorney is only revoked if the Attorney’s appointment is specifically revoked, preferably in writing and served on that person, or if the Attorney renounces the appointment, dies, becomes bankrupt, or no longer has the mental or physical capacity to act.
The appointment of your spouse as your Enduring Guardian is only automatically revoked if the appointment was made prior to a marriage, even if it is your spouse who you appointed.
Separating is usually a traumatic process and often times such things as changing your Will, Power of Attorney etc are furthermost from your mind at such times. It is very important that you review these documents to ensure that your former spouse is no longer involved in your financial or personal affairs long after yoy have separated and otherwise finalised your financial relationship.
Contact us to discuss your needs, and ask us about our “First Step Package” specifically designed for those who are taking those first steps following the breakdown of a relationship or marriage.
King Cain Solicitors telephone (02) 6333 4400 or call in to our office to make an appointment.
