Episode
Legal | Wills, Superannuation and Powers of Attorney After Divorce or Separation
- Podcast
- Divorce and Separation
- Published
- Jul 2, 2026
- Duration seconds
- 2064
- Processing state
not_requested- Canonical source
- https://divorceandseparationhub.com/podcast/
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Summary
When you separate, there are some practical things that feel urgent - parenting arrangements, property settlement, bank accounts, where everyone is going to live. But there is another part of separation that many people overlook. Your estate planning. I'm joined by Mike Poynter, Principal Lawyer at MCP Legal, a partner firm of Simple Separation , to talk about the four key documents you need to review when you separate: your will, superannuation death benefit nominations, life insurance, and enduring powers of attorney. Because here's the thing most people do not realise: if you separate and do nothing, your existing documents may still point to your former partner. And if you do not have a will at all, the law may still treat your spouse as the first person entitled to your estate until you are legally divorced. Mike explains what estate planning actually means, the difference between being separated, divorced, married or de facto, and why it is so important to understand what happens to your assets, superannuation and decision-making powers if something happens to you. This is not about fear. It is about making informed choices. In this episode, we discuss: • What estate planning actually means • Why your will matters after separation • The difference between an executor, trustee and beneficiary • What happens if you separate but do not update your will • The difference between married and de facto couples after separation • Why divorce can change your estate planning position • What happens if you die without a will • Superannuation binding death benefit nominations • Why your super nomination can override your will • Life insurance inside and outside of super • Enduring powers of attorney and medical decision-making • Advanced care directives • Why backup decision-…