COMMENT:

Q. My husband and I have separated but have not yet divorced. I have started a new relationship and my partner and I have been together for a year.

I cannot remember whether I have a Will - I think my ex-husband and I went and saw a lawyer years ago, but my ex-husband usually dealt with all the legal matters and he has all our personal documents.

We do not get along and are yet to sort out our property settlement, including some properties we jointly own.

Is it important to sort out a Will now? It seems more important to focus my time and money on sorting out a split of our property.

A. While it can be overwhelming dealing with all the issues after a separation, it is very important to update your Will if you want someone other than your ex-husband to be the beneficiary of your estate.

If you have an existing Will

If you have a Will in place under which your ex-partner is the primary beneficiary, then he would be entitled to benefit from your estate if you passed away, even though you are separated. If you have a relationship property agreement, it could create more certainty for you.

Your current partner and any future children you

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If you don't have a Will

Jointly owned property

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Conclusion