Introduction
This Will (In Contemplation of Divorce) is a legal document designed for individuals who have separated from their spouse and are in the process of divorce.
It includes specific provisions to ensure that gifts, appointments and distributions under the will are not revoked upon the finalisation of the divorce.
The will sets out how the estate is to be distributed, including gifts, division of the estate and provisions for children and extended family members.
It also includes provisions for appointment of executors, guardianship of minor children and administration of the estate.
📄 Will (In Contemplation of Divorce)
• Revocation of prior wills
• Definitions including spouse and children
• Survival period requirement for beneficiaries
⚖️ Divorce-Specific Provision
• Clause confirming will is made in contemplation of divorce
• Provision preventing revocation of gifts and appointments on divorce
👨👩👧 Family & Beneficiary Provisions
• Gifts to nominated beneficiaries
• Provision for spouse and alternative beneficiaries
• Distribution to children with substitution for grandchildren
• Further distribution to extended family if required
🧾 Administration & Appointments
• Appointment of executor and trustee
• Appointment of guardian for minor children (if spouse does not survive)
• Payment of debts, expenses and duties
🏛 Trustee Powers
• Power to sell and manage estate assets
• Power to invest and apply income and capital
• Power to make payments for beneficiaries
• Power to borrow, insure and manage property
• Power to carry on business and deal with companies
• Power to deal with superannuation proceeds
👉 FREE with purchase:
• Will Checklist
• Will Signing Instructions
What is a Will in Contemplation of Divorce?
A will in contemplation of divorce is a legal document prepared by a person who has separated from their spouse and intends to divorce.
It includes provisions to ensure that gifts, appointments and distributions under the will are not automatically revoked upon the finalisation of the divorce.
This allows the person making the will to maintain control over how their estate is distributed during and after the divorce process.
Professionally Drafted Legal Precedent
Prepared by experienced Australian commercial lawyers, this precedent provides a comprehensive and reliable framework for real-world use.
The document is fully editable in Microsoft Word and includes an Editing Legal Documents Guide to assist with completing and tailoring the agreement.
Designed for immediate use, it can be adapted to suit a wide range of legal and commercial scenarios.
At A Glance
What This Document Covers
• Estate distribution
• Divorce-specific provisions
• Gifts and residue
• Executor and trustee appointment
• Guardianship of children
Key Provisions Included
• Contemplation of divorce clause
• Survival and vesting conditions
• Division of estate into shares
• Substitution for grandchildren
• Trustee powers
Typical Use
• Separation and pending divorce
• Updating a will before divorce is finalised
• Protecting intended beneficiaries
• Estate planning during relationship breakdown
• Managing estate distribution during transition
Download Details
• Professionally drafted legal precedent• Suitable for Australian use
• Fully editable Microsoft Word document
• Includes Editing Legal Documents Guide
• Instant download available immediately after purchase
Drafted by Legal Professionals
Our precedents are prepared by Australian legal practitioners and reflect commonly used legal drafting standards.
Practical and Easy to Use
Each template provides a structured framework that can be adapted to suit the specific transaction or matter.
Instant Access
Download immediately after purchase and edit the document in Microsoft Word to suit your requirements.
Related Precedents
Also Known As
• Divorce will
• Will before divorce
• Separation will
• Will during divorce proceedings
• Estate planning during divorce
Frequently Asked Questions
What is a will in contemplation of divorce?
It is a will made by a person who has separated and intends to divorce, with provisions ensuring the will remains effective after the divorce.
Why is this different from a standard will?
This will includes a clause to prevent gifts and appointments from being revoked when the divorce is finalised.
Does this include provisions for children?
Yes. The will includes provisions for children and allows grandchildren to take by substitution in certain circumstances.
Does this include signing instructions?
Yes. The download includes Will Signing Instructions and a Will Checklist.
Will (In Contemplation of Divorce) – Instant Download
• Will designed for separation and divorce situations
• Includes estate distribution and trustee powers
• Includes Will Checklist and Signing Instructions
• Suitable for Australian estate planning
• Fully editable Microsoft Word document
• Instant download available immediately after purchase
Used by lawyers, businesses and commercial operators across Australia.
Download This Precedent
Instant download. Fully editable Microsoft Word format. Includes practical drafting guidance.