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Wills & relationships

A Will is a written document that sets out how you wish your property to be divided after you die. Your property is also called your ‘estate’.

The nature of your relationships may affect how your estate is distributed, especially if you don't have a Will.

If you marry...

Marrying (or remarrying) automatically cancels your Will, unless your Will clearly shows you were planning this marriage when you made it.

If you separate, your former partner will still get your property unless you make a new Will. It is not automatically revoked.

It is important that you make a new Will after the break up of any relationship. Making a new Will automatically cancels your old one.

If you are in a domestic relationship...

The safest way to make sure your domestic parnter gets what you them to inherit from your estate is to make a valid Will.

If you die without a Will, your property will be distributed to your ‘next of kin’. Although domestic relationships are included as ‘next of kin’ relationships, you need to have lived together for two years or have a child together before your partner can benefit from your estate if you die without a Will.

If you divorce...

There are legal rules about how your Will operates if you get a divorce and don’t make a new Will. Get legal advice.

Making arrangements for children

If you are making a Will, it is important to get legal advice about your obligations to your children after you die.

More information

Getting help – services

Powers of attorney & guardianship

Separation & divorce

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How we can help

Victoria Legal Aid doesn’t give legal advice about making or challenging Wills, but our free Legal Information Service may be able to give you some information over the phone. We may also be able to refer you to another organisation that can help you. You can speak to a legal information officer in English or ask for an interpreter.

Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

To find out more about any of our legal services see What we do.