Update Your Will After Divorce in the ACT: Section 20A and What It Misses

Most people assume divorce automatically takes care of their will. It does — partially. Section 20A of the Wills Act 1968 (ACT) revokes certain provisions, but it leaves dangerous gaps that can send your estate to people you never intended.

What Section 20A Actually Revokes

When your divorce order takes effect (one month and one day after the hearing), Section 20A automatically revokes:

• Any gift, bequest, or disposition of property made to your former spouse
• Any appointment of your former spouse as executor, trustee, or guardian

The only exception is if your will contains an express clause stating that a specific gift or appointment should survive a divorce. Standard template wills almost never include such clauses.

The Intestacy Trap

Here is the gap most people miss. If your pre-divorce will left everything to your spouse — no backup beneficiaries, no alternative executors — Section 20A wipes those provisions but does not replace them. You are left with a will that effectively says nothing.

The result is partial or total intestacy. Your estate gets distributed under the default rules in the Administration and Probate Act 1929 (ACT), which follows a prescribed hierarchy: children first, then parents, then siblings. That may be roughly what you want, or it may not — the point is you have no control over it.

If you have children from a new relationship, a new partner, or specific charitable intentions, intestacy rules will ignore all of them unless they happen to fall into the default hierarchy.

Separation Does Not Trigger Section 20A

This catches people who have separated but not yet divorced. During separation — even if it lasts years — your existing will remains fully intact. Your estranged spouse is still your primary beneficiary and executor unless you manually update or revoke the will.

If you want protection during the separation period, draft an interim will that explicitly addresses the separation. Include a "contemplation of divorce" clause to make your intentions clear if the will is later challenged.

Enduring Powers of Attorney: The Joint Appointment Gap

Under Section 59 of the Powers of Attorney Act 2006 (ACT), your divorce automatically revokes any power given to your former spouse under an Enduring Power of Attorney.

The problem: if your former spouse was your sole attorney, Section 59 leaves you with no active EPA. If you lose decision-making capacity after divorce, nobody has legal authority to manage your finances, property, or medical decisions without applying to the ACT Civil and Administrative Tribunal (ACAT) for a guardianship or management order. That process is slow, expensive, and may result in the Public Trustee and Guardian taking control rather than someone you would have chosen.

It gets worse with joint appointments. If your EPA appointed your former spouse and another person "jointly" (meaning all decisions must be unanimous), the revocation of one attorney invalidates the entire document — even the other attorney loses their authority.

Execute a new EPA during separation, before the divorce is finalised.

Superannuation Death Benefits Are Not Governed by Your Will

A Binding Death Benefit Nomination (BDBN) on your superannuation account operates independently of your will. Divorce does not invalidate a BDBN. If your ex-spouse is listed as the nominated beneficiary on your super fund, the trustee is legally required to pay your death benefit to them, regardless of what your will says or whether you have divorced.

Most BDBNs expire after three years and must be renewed, but some funds offer non-lapsing nominations that continue indefinitely. Check your fund's nomination type and submit a new BDBN naming your preferred beneficiaries.

Life Insurance Is Separate Too

Your life insurance policy has its own nominated beneficiary, and divorce does not automatically change it. Contact your insurer directly to update the beneficiary. This is usually a simple form — far less complex than the super process.

The Complete Estate Update Checklist

After divorce in the ACT, your estate planning update should cover:

1. New will — naming current beneficiaries, executors, and guardians for minor children
2. New EPA — appointing a trusted person for financial and medical decisions
3. New BDBN — submitted to every super fund where your ex is currently nominated
4. Life insurance beneficiary update — direct with the insurer
5. Trust updates — if you are a beneficiary or appointor of a family trust, review the trust deed

The ACT After-Divorce Checklist includes an estate plan audit worksheet that walks through every beneficiary nomination, power of attorney, and insurance policy that needs updating after divorce.

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