Introduction
Life moves fast in Brisbane. Relationships shift, assets grow, and families evolve. Your estate plan must keep pace. Major life events like marriage, divorce, or welcoming grandchildren can legally override existing arrangements.These milestones don’t just change your personal life – they legally invalidate parts of your estate plan. Yet 68% of Queenslanders haven’t updated their wills in over five years. This guide reveals why key life events require urgent attention to your will, super beneficiaries, and powers of attorney. Protect what matters most without courtroom dramas.
1. Marriage or a New Relationship
Starting a new chapter? Update your will immediately.Estate planning after divorce isn’t optional; it’s critical. In Queensland, marriage automatically revokes a previous will. Without a new one, intestacy laws decide your asset distribution. This might exclude your new partner or children from prior relationships.
Your wedding day automatically revokes existing wills in Queensland (unless specifically made “in contemplation of marriage”). New spouses gain inheritance rights, potentially disinheriting:
- Children from previous relationships
- Elderly parents you intended to support
- Charities or friends named in old wills
Solution: Update within 30 days of marriage.New will needs emerge immediately upon entering a new relationship. If you have children from a previous marriage, elderly dependents, or charitable commitments, these individuals could be unintentionally disinherited unless you act quickly.
- Binding financial agreements
- Testamentary trusts for blended families
- Superannuation death benefit nominations
2. Divorce or Separation
Divorce changes everything. While it nullifies gifts to an ex-spouse in a will, it does not remove them as executor or trustee. Proactively revise powers of attorney, superannuation beneficiaries, and guardianship appointments.
Estate planning after divorce becomes non-negotiable under Queensland law.While divorce partially revokes wills (removing ex-spouse as executor/beneficiary), dangerous gaps remain:
- Ex-partners still inherit if you die mid-divorce
- They retain control as your super beneficiary
- Joint assets still pass directly to them
Critical Timing: Update documents before filing for divorce. Essential changes:
- Remove ex-partner as attorney
- Revoke old death benefit nominations
- Adjust property titles (tenants in common)
3. Children or Grandchildren
New additions to the family? Specify guardians for minor children in your will. Otherwise, the courts decide their care. Consider trusts for grandchildren’s education or future needs.
DIY vs lawyer approaches differ starkly. While DIY kits cost less, they often:
- Fail to appoint guardians properly
- Neglect protective trusts for minors
- Overlook disability clauses
Biological children don’t automatically inherit without a valid will. Grandchildren get nothing unless specified. Key risks:
- Guardianship disputes if both parents die
- Minors inheriting large sums at 18
- Disabled heirs losing government benefits
Must-have Provisions:
- Appoint testamentary guardians
- Establish protective trusts
- Include disability clauses
- Update regularly as children mature
4. Significant Asset Changes
Bought property? Sold a business? Inherited shares? Asset fluctuations impact your plan. Ensure your will reflects current holdings. For complex assets like a Brisbane investment property, tailored advice is crucial.
Brisbane’s property surge changes estate complexity. Why estate plans need regular updates after buying/selling:
- Joint tenancy vs tenants in common implications
- Mortgage insurance complications
- Capital gains tax liabilities for beneficiaries
Brisbane-specific Tip: Queensland’s $650,000 stamp duty exemption disappears if property isn’t properly structured in your plan.
5. Health Diagnoses
Serious illness or cognitive decline demands urgent updates. Confirm your enduring power of attorney and advance health directives are current. This prevents family disputes during medical crises.
Once capacity diminishes, you lose legal authority to update documents. Estate lawyers Brisbane prioritise:
- Medical Powers of Attorney: Appoint decision-makers
- Enduring Guardianship: Authorise care arrangements
- Living Wills: Outline treatment preferences
Warning: Dementia diagnoses move faster than Queensland’s Supreme Court. Start paperwork at first specialist appointment.
6. Death of a Beneficiary or Executor
If a named executor or beneficiary passes away, your plan has gaps. Appoint new roles and redistribute inheritances to avoid unintended outcomes.
Probate mistakes often originate from:
- Outdated super beneficiary nominations
- Incorrectly executed documents
- Unaddressed digital assets
Unexpected windfalls create estate planning emergencies:
- Existing wills distribute “all my assets” – including new millions
- May push estates over tax thresholds
- Attract inheritance disputes
Action Plan:
- Place funds in separate account immediately
- Create discretionary trust within 30 days
- Adjust beneficiary designations
7. Relocation to/from Queensland
Laws differ between states. Moving to Brisbane? Update documents to align with Queensland’s Succession Act 1981.
Moving states or countries? Queensland law differs from others on:
- Community property rights
- Executor requirements
- Trust structures
Key Check: Update within 60 days of moving. Ensure your documents:
- Comply with QLD Succession Act 1981
- Address interstate assets
- Appoint local attorneys
8. Business Ownership Changes
Handling contested estates often stems from unplanned business succession. Brisbane estate lawyers stress this often-overlooked trigger. Selling a company, adding partners, or restructuring affects succession. Protect business continuity with updated shareholder agreements.
Unplanned business succession causes:
- Fire sales to cover tax bills
- Key person risk crippling operations
- Family conflicts over control
Essential Documents:
- Buy-sell agreements
- Succession plan integrated with will
- Company constitution updates
9. Blended Family Dynamics
Stepchildren? Former spouses? Clarity prevents disputes. Define inheritances explicitly to avoid contested estates.
Disinheriting family requires ironclad documentation.Will Writing Tips:
- Handwritten clauses risk invalidation
- “No contest” clauses rarely work in QLD
- Must address moral claims
Seek specialised legal help Brisbane experts provide for:
- Leave token amounts ($1,000) to prevent challenges
- File statutory declaration explaining reasons
- Use testamentary trusts for controlled distributions
10. Tax Law Updates
Tax rules evolve. Probate mistakes commonly involve outdated super nominations. Regular reviews prevent compliance issues:
- Binding vs non-binding death benefit nominations
- ATO’s changing inheritance tax guidelines
- SMSF compliance requirements
New will needs arise with each superannuation legislation amendment.Brisbane Insight: 41% of super funds still list ex-spouses as beneficiaries due to outdated paperwork.
Final Thoughts
Life’s milestones shouldn’t leave your legacy in limbo. Proactive updates prevent family strife and legal battlesBrisbane residents face unique considerations,from property booms to complex family structures. Partner with a local expert to keep your plan resilient.In Queensland:
- Marriage/divorce instantly changes inheritance rights
- New property/businesses demand structural planning
- Health crises require urgent capacity documents
Review your plan within 30 days of any major event. A Brisbane estate lawyer ensures your wishes survive the unexpected.
Need help getting started? Use our free estate planning checklist or speak with a Brisbane estate lawyer who understands the unique local laws and challenges.
FAQs: Estate Planning After Major Changes
How soon should I update my will after divorce?
Immediately. While divorce revokes gifts to an ex-spouse, other appointments (e.g., executor) remain valid.
Does remarriage affect my existing will?
Yes. Marriage automatically revokes prior wills in Queensland unless made in contemplation of that marriage.
Can I disinherit a child?
Yes, but note: Queensland allows eligible persons to contest wills. Seek advice to minimise legal risks.
What if I move interstate after making a will?
Update it. State laws govern asset distribution. Queensland’s intestacy rules may differ from Victoria’s or NSW’s.
Can I leave assets to grandchildren directly?
Yes, but minors’ inheritances are managed by state trustees. Use protective trusts for better control.
How do business assets impact inheritance?
Complex. Shares, partnerships, or sole trader assets require specialised structuring. Our contested estates team can help.
Can verbal promises override my will?
Rarely. Queensland courts require written evidence for testamentary promises. Keep all agreements documented.