How to Update Your Will After Divorce Victoria: The Changes Most People Miss

Last month, we sat across from a woman whose ex-husband had died six months after their divorce was finalised. She thought the nightmare was over. It wasn't. Because he never updated his will, she was still named as executor and primary beneficiary of his $800,000 estate. His new partner got nothing. His children from his first marriage got nothing. The legal mess took 18 months and $60,000 in court fees to sort out.

This is exactly why knowing how to update your will after divorce victoria is not just important — it is essential. In 2026, we are still seeing divorced Victorians make the same costly assumptions about what happens to their wills post-separation.

Here is what most people get wrong: divorce does not automatically revoke your will in Victoria. Your ex-spouse remains your beneficiary and executor unless you take specific legal steps to change it.

What Divorce Actually Does to Your Will in Victoria

Under Victorian law, specifically the Wills Act 1997 (Vic), divorce has limited automatic effects on your will. Here is what actually happens:

Your ex-spouse is automatically revoked as executor of your will. But — and this is crucial — they remain as a beneficiary unless you specifically remove them.

Any gifts to your ex-spouse's relatives are also automatically revoked. So if you left $50,000 to your ex-mother-in-law, that gift disappears.

But everything else in your will remains exactly as it was. Your ex-spouse can still inherit your house, your super (if they are named in your binding death benefit nomination), and everything else you left them.

The Executor Trap

We have seen cases where divorced couples assume the automatic executor revocation means they are protected. Wrong.

Take Michael from Camberwell. His will named his ex-wife Sarah as executor and primary beneficiary. After divorce, Sarah was automatically removed as executor, but she remained entitled to his $1.2 million estate. When Michael died in a car accident two years post-divorce, Sarah inherited everything — including the family home his new partner thought would be hers.

The Victorian Public Trustee had to step in as executor because no backup was named. The whole process took 14 months and cost the estate $45,000 in administration fees.

The Superannuation Blindspot Most Divorce Lawyers Miss

Here is something that will shock you: your will has zero control over your superannuation. None. Your super fund follows your binding death benefit nomination (BDBN), not your will.

We regularly see divorce lawyers who sort out property settlements but forget to mention updating BDBNs. The result? Your ex-spouse inherits your super even if you have updated your will.

Consider Lisa from Brighton. She updated her will immediately after divorce, leaving everything to her two children. But her $600,000 super balance had a BDBN naming her ex-husband as sole beneficiary. When she died from cancer 18 months later, her children inherited her house and savings through the will, but her ex-husband got the super — the largest single asset in her estate.

Your Super Does Not Go Where You Think It Does (And How to Fix It) — we wrote this after seeing too many families discover this costly oversight.

The Correct Order: How to Update Your Will After Divorce Victoria

Step 1: Update Your BDBN First

Contact your super fund immediately after separation. Most BDBNs are only valid for three years anyway, so yours might already be expired.

You need to complete a new BDBN form naming your new beneficiaries — typically your children, new partner, or a combination. Do this before you update your will because super often represents the largest asset in someone's estate.

Step 2: Create a Completely New Will

Do not try to amend your existing will with a codicil. Create a fresh will that revokes all previous wills. This eliminates any confusion about what is current.

Your new will should:

• Name a new executor (and backup executor)
• Remove your ex-spouse as beneficiary
• Remove gifts to your ex-spouse's family
• Update guardian nominations for minor children
• Consider new tax-effective structures like testamentary trusts

Step 3: Update Your Powers of Attorney

If your ex-spouse is named in your Powers of Attorney in Victoria, revoke these documents immediately and create new ones. Your ex should not have authority to make financial or medical decisions if you become incapacitated.

Step 4: Review Beneficiary Nominations Across All Assets

Super is not the only asset with separate beneficiary nominations. Check:

• Life insurance policies
• Bank accounts with "pay on death" nominations
• Investment accounts
• Managed funds
• Any other assets with direct beneficiary nominations

The Blended Family Complexity

Divorce often leads to blended families, which create additional estate planning challenges. We see this constantly in our Melbourne practice.

Take James and Rebecca, both divorced with children from previous marriages. They married in 2024 and moved to Toorak. James wanted to provide for Rebecca if he died first, but also ensure his three children from his first marriage inherited his business.

The solution was not simple. We created a will with a testamentary trust that provided Rebecca with income and housing during her lifetime, with the capital ultimately going to James's children. This protected everyone without disinheriting anyone.

Blended Family Estate Planning: Protecting Everyone When It Gets Complicated covers these complex family structures in detail.

The DIY Will Trap After Divorce

Divorce is precisely when you should not use a DIY will kit. The emotional stress, complex family dynamics, and significant asset changes require professional guidance.

We have seen DIY wills after divorce that:

• Forgot to revoke the previous will properly
• Used unclear language about who gets what
• Failed to consider tax implications of new structures
• Ignored superannuation and insurance implications
• Created unintended consequences for children

DIY Will Kits vs Professional Wills: The Risks Melbourne Families Miss explains why divorce is the worst time to go DIY.

Common Mistakes We See Every Month

Mistake 1: Assuming Divorce Fixes Everything

Divorce revokes your ex-spouse as executor, but they remain a beneficiary. We cannot stress this enough.

Mistake 2: Forgetting About Super

Your BDBN is separate from your will. Update it or your ex-spouse inherits your super regardless of what your will says.

Mistake 3: Not Considering the Children

If you have minor children with your ex-spouse, think carefully about guardian nominations. Do you want your ex to be the sole guardian, or should there be a backup?

Mistake 4: Ignoring Tax Implications

Testamentary trusts can provide significant tax benefits, especially for blended families. As CPAs and solicitors, we see families missing thousands in annual tax savings because they rushed into a simple will structure.

Mistake 5: Waiting Too Long

We recommend updating your will within three months of separation. Waiting until divorce is finalised means living with an inappropriate will for potentially years.

When Divorce Gets Messy: Protecting Your Estate Planning

Not all divorces are amicable. If your divorce involves significant conflict, your estate planning becomes more critical.

Consider appointing an independent executor rather than a family member your ex-spouse might challenge. Consider trustees for any testamentary trusts who cannot be influenced by your ex-spouse.

Document your intentions clearly. If you are deliberately excluding your ex-spouse or making unusual distributions, explain why in a separate letter. This helps prevent Family Provision Claims in Victoria later.

The Cost of Getting It Wrong

We opened with one family's story. Here is another:

David from Essendon separated from his wife in early 2025. He updated his will to leave everything to his new partner, Emma. But he forgot about his $400,000 super balance, which still had his ex-wife as beneficiary.

When David died in a workplace accident six months later, his will left his house and savings to Emma, but his ex-wife inherited the super — nearly half his total estate. Emma could not afford to keep the house without David's income and the super she thought she would receive.

The case went to court because Emma argued David intended her to receive everything. The legal fees consumed another $80,000. The family David thought he was protecting ended up with less than half what they should have received.

The Professional Difference

This is exactly why our team holds both CPA and solicitor qualifications. Estate planning after divorce involves complex tax considerations, superannuation rules, and family dynamics that require expertise across multiple disciplines.

We work with divorce lawyers, financial planners, and accountants to ensure every aspect of your post-divorce estate planning aligns with your broader financial strategy.

A properly structured post-divorce estate plan might include:

• A new will with clear beneficiary designations
• Updated BDBNs across all super accounts
• New powers of attorney documents
• Testamentary trust structures for tax efficiency
• Guardian nominations that reflect your current wishes
• Insurance beneficiary updates
• Consideration of family provision claim risks

Getting Started: Your Post-Divorce Estate Planning Checklist

1. Immediate (within 30 days of separation):

   • Update your BDBN
   • Revoke powers of attorney naming your ex-spouse
   • Review and update insurance beneficiaries

2. Short-term (within 90 days):

   • Create a new will
   • Establish new powers of attorney
   • Consider testamentary trust structures
   • Update guardian nominations

3. Ongoing:

   • Review annually as your situation changes
   • Update when you enter new relationships
   • Reassess when your children reach adulthood
   • Consider changes when you remarry

Your Family Deserves Better Than Assumptions

We have sat across from too many families dealing with the aftermath of inadequate post-divorce estate planning. The tears, the anger, the regret — it is all preventable.

Divorce is already emotionally and financially draining. Do not let poor estate planning create additional trauma for the people you care about.

If you are going through divorce or recently separated, book a free 30-minute consultation and we will review your current estate planning situation. We will tell you exactly what needs updating, in what order, and why. No pressure, no sales pitch — just clarity about protecting your family's future in your new circumstances.