What happens to my Will if I get divorced in Australia?

In most states, divorce does not revoke your entire Will but does revoke any gift to your former spouse and their appointment as executor or trustee (they are treated as having predeceased you). The rest of your Will remains valid. However, you should always make a new Will after divorce to ensure your current wishes are reflected.

State-by-State Will Requirements in Australia | Complete Guide

Q: Are Will requirements different in each Australian state?

Yes, each Australian state and territory has its own Wills legislation. However, the core requirements are similar across all jurisdictions: the testator must be 18+ (or married), of sound mind, the Will must be in writing, signed by the testator, and witnessed by two independent adult witnesses. Minor variations exist in areas like informal Will provisions and witness requirements.

Q: Is my Will valid if I move to a different state in Australia?

Generally yes. Under the 'mutual recognition' principle, a Will that was validly executed in one Australian state is typically recognised in other states. However, it's advisable to review your Will after moving interstate to ensure it aligns with local laws and to update references to the applicable legislation.

Q: What is an 'informal Will' in Australia?

An informal Will (or 'statutory Will') is a document that doesn't meet all formal requirements but the court may accept if satisfied it represents the deceased's testamentary intentions. This might include unsigned documents, handwritten notes, or even text messages. All states except South Australia have provisions for courts to admit informal Wills to probate.

Q: Does marriage revoke my Will in all Australian states?

In most Australian states (NSW, VIC, QLD, WA, TAS, NT), marriage automatically revokes your existing Will unless it was made in contemplation of that specific marriage. However, in South Australia and ACT, marriage does not automatically revoke a Will. Always check your state's specific rules and update your Will after marriage.

Universal Requirements (All States)

Before diving into state-specific details, here are the core requirements that apply across all Australian jurisdictions:

Age: 18+ years (or married)

Capacity: Sound mind (testamentary capacity)

Format: In writing (typed or handwritten)

Signature: Signed by the testator at the end

Witnesses: Two adult witnesses present together

Independence: Witnesses should not be beneficiaries

🔵

New South Wales

Governing Legislation:

Succession Act 2006 (NSW)

Key Points

Informal Wills: Section 8 allows the court to admit documents that don't meet formal requirements if satisfied they represent the deceased's testamentary intentions.
Marriage Revocation: Marriage revokes an existing Will unless made in contemplation of that marriage.
Divorce Effect: Divorce revokes gifts to former spouse and their appointment as executor (they're treated as predeceased).
Family Provision: Eligible persons can make a claim under Chapter 3 if not adequately provided for.

Eligible Claimants for Family Provision

Spouse (including de facto)
Children (including adopted and step-children in certain circumstances)
Former spouse
Dependant grandchildren
Members of the household who were wholly or partly dependent
Persons in a close personal relationship

🔷

Victoria

Governing Legislation:

Wills Act 1997 (Vic) & Administration and Probate Act 1958 (Vic)

Key Points

Informal Wills: Section 9 allows the court to dispense with formal requirements if satisfied the document embodies testamentary intentions.
Marriage Revocation: Marriage revokes an existing Will unless made in contemplation of that marriage.
Divorce Effect: Divorce revokes appointments and gifts to former spouse.
Statutory Will: The Victorian Civil and Administrative Tribunal (VCAT) can authorise a statutory Will for a person who lacks testamentary capacity.

Unique Features

VCAT can make or alter Wills for people without capacity
Strong provisions for de facto partners
Time limit for family provision claims: 6 months from grant of probate

🔴

Queensland

Governing Legislation:

Succession Act 1981 (Qld)

Key Points

Informal Wills: Section 18 provides broad discretion to admit informal documents expressing testamentary intentions.
Marriage Revocation: Marriage revokes existing Will unless made in contemplation of marriage.
Divorce Effect: Divorce revokes provisions for former spouse.
Handwritten Wills: Queensland recognises informal handwritten (holographic) Wills more readily than some other states.

Family Provision Claims

Under Part 4 of the Succession Act, eligible claimants include:

Spouse (including de facto)
Children (of any age)
Dependants (persons dependent on deceased for support)

Queensland Note

Queensland has more restrictive family provision rules than NSW or Victoria. Only spouses, children, and dependants can claim—not stepchildren or members of the household unless they meet the dependency test.

🟡

Western Australia

Governing Legislation:

Wills Act 1970 (WA) & Family Provision Act 1972 (WA)

Key Points

Informal Wills: Section 32 allows the court to admit informal documents.
Marriage Revocation: Marriage revokes existing Will unless made in contemplation.
Divorce Effect: Divorce revokes gifts and appointments to former spouse.
De Facto Recognition: De facto partners have similar rights to married spouses.

Unique Features

Separate Family Provision Act (not part of the main Wills Act)
Claims must be made within 6 months of probate
Courts consider the size of the estate and claimant's financial position

🔶

South Australia

Governing Legislation:

Wills Act 1936 (SA) & Inheritance (Family Provision) Act 1972 (SA)

Key Points

Informal Wills: Section 12(2) allows the court to admit informal documents, but SA is generally stricter than other states.
Marriage Effect: Marriage does NOT automatically revoke a Will in SA (unlike most other states).
Divorce Effect: Divorce revokes provisions for former spouse.

Important SA Difference

South Australia is unique in that marriage does NOT automatically revoke your Will. If you get married in SA, your existing Will remains valid. However, you should still update it to reflect your new circumstances and ensure your spouse is provided for.

Family Provision

Eligible claimants under the Inheritance (Family Provision) Act include spouses, domestic partners, children, and in some cases, grandchildren and parents.

🟢

Tasmania

Governing Legislation:

Wills Act 2008 (Tas)

Key Points

Informal Wills: Section 10 allows the court to dispense with execution requirements.
Marriage Revocation: Marriage revokes existing Will unless made in contemplation.
Divorce Effect: Divorce revokes appointments and gifts to former spouse.
Modern Legislation: Tasmania's 2008 Act is one of the most recently updated in Australia.

Notable Provisions

Clear provisions for electronic Wills in certain circumstances
Comprehensive definition of testamentary capacity
Family provision claims under the Testator's Family Maintenance Act 1912

⭐

Australian Capital Territory

Governing Legislation:

Wills Act 1968 (ACT) & Family Provision Act 1969 (ACT)

Key Points

Informal Wills: Section 11A allows the court to admit informal documents.
Marriage Effect: Marriage does NOT automatically revoke a Will in ACT (similar to SA).
Divorce Effect: Divorce revokes gifts and appointments to former spouse.

ACT Marriage Note

Like South Australia, the ACT does not automatically revoke your Will upon marriage. Your pre-marriage Will continues to be valid, but you should update it to reflect your changed circumstances.

Family Provision

Eligible claimants include spouses, children, parents, and persons who were wholly or partly maintained by the deceased.

🟠

Northern Territory

Governing Legislation:

Wills Act 2000 (NT) & Family Provision Act 1970 (NT)

Key Points

Informal Wills: Section 10 allows the court to dispense with formal requirements.
Marriage Revocation: Marriage revokes existing Will unless made in contemplation.
Divorce Effect: Divorce revokes provisions for former spouse.

Special Considerations

Aboriginal customary law may interact with succession law in some circumstances
Remote locations may require special consideration for execution and witnessing
Family provision claims must be made within 12 months of death

Quick Comparison Table

State	Marriage Revokes Will?	Informal Wills?	Family Provision Deadline
NSW	Yes	Yes (s.8)	12 months from death
Victoria	Yes	Yes (s.9)	6 months from probate
Queensland	Yes	Yes (s.18)	9 months from death
WA	Yes	Yes (s.32)	6 months from probate
SA	No	Yes (limited)	6 months from probate
Tasmania	Yes	Yes (s.10)	3 months from probate
ACT	No	Yes (s.11A)	6 months from probate
NT	Yes	Yes (s.10)	12 months from death

Frequently Asked Questions

Are Will requirements different in each Australian state?

Yes, each state and territory has its own Wills legislation. However, core requirements are similar: testator must be 18+ (or married), of sound mind, Will must be in writing, signed by the testator, and witnessed by two independent adult witnesses.

Is my Will valid if I move to a different state?

Generally yes. A Will validly executed in one state is typically recognised in other states. However, it's advisable to review your Will after moving interstate to ensure it aligns with local laws.

What is an 'informal Will' in Australia?

An informal Will is a document that doesn't meet all formal requirements but the court may accept if satisfied it represents the deceased's testamentary intentions. This might include unsigned documents, handwritten notes, or even text messages. All states have provisions for informal Wills.

Does marriage revoke my Will in all states?

In most states (NSW, VIC, QLD, WA, TAS, NT), marriage automatically revokes your existing Will unless it was made in contemplation of that specific marriage. However, in South Australia and ACT, marriage does not automatically revoke a Will.

State-by-State Will Requirements

Universal Requirements (All States)

New South Wales

Key Points

Eligible Claimants for Family Provision

Victoria

Key Points

Unique Features

Queensland

Key Points

Family Provision Claims

Western Australia

Key Points

Unique Features

South Australia

Key Points

Family Provision

Tasmania

Key Points

Notable Provisions

Australian Capital Territory

Key Points

Family Provision

Northern Territory

Key Points

Special Considerations

Quick Comparison Table

Frequently Asked Questions

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