Divorce can have a significant financial and emotional impact.
It also revokes:
- your Enduring Power of Attorney (EPOA) to the extent it gives power to your ex-spouse; and
- your Will to the extent it gives a gift to your ex-spouse or appoints them as executor (unless there is a contrary intention expressed in the Will).
But what about the ending of de facto relationship?
Whilst it can also have a significant financial and emotional impact, it is dealt with a little differently.
The ending of a de facto relationship does not revoke the EPOA and is not ‘catered’ for in the legislation regarding EPOAs.
It does however, revoke your Will to the extent it gives a gift to your ex-spouse or appoints them as executor (unless there is a contrary intention expressed in the Will).
Consideration then has to be given to the definition of ‘de facto partner’ to determine whether a de facto relationship even existed, in deciding whether a de facto relationship has ended.
Regardless of whether it is a marriage or a de facto relationship that has ended, it is an ideal time to review and consider your estate plan to ensure your wishes and intentions are given effect.