I have Separated from my Spouse. Can I make a New Will?

If you and your spouse separate, you can make a new will before you have finalized your divorce and other related matters such as property division and support. However, if you were to pass away, your family law claim must be resolved before any family assets that are supposed to pass through your estate are distributed.

Estates are often distributed by way of the “residue” as opposed to distribution of specific assets. The residue of your estate is the value of your estate after payment of debts. Distributing your estate by way of the residue can help to avoid the need to update your will if your assets change.

Upon resolution of your family law claim, any family assets that you were entitled to would pass to and form part of your estate, and be distributed to your beneficiaries in accordance with your new will.