What happens to your estate if you separate from your spouse - but pass away before the divorce is finalised?
In this episode of Wine & Wisdom, Wills and Estates lawyer Danielle Little is joined by Rebecca Parry, Director and Principal Lawyer at Parry Coats Family Law, to unpack the often-overlooked intersection of family law and estate planning.
With 27 years of family law practice behind her, Rebecca walks through what actually happens when someone dies mid-proceedings - and the much trickier scenario where a couple has separated but court proceedings haven't yet commenced.
The unsettling reality? Without the right planning, an estranged spouse may still inherit, regardless of the deceased's wishes.
Rebecca and Danielle discuss:
- The legal position when a party dies during active family law proceedings
- The risks for separated couples who haven't yet started proceedings
- How Financial Agreements (entered into before or during a relationship) can protect both parties
- Why coordinating your estate plan with your Financial Agreement matters
- Having these awkward conversations while the relationship is in a good place
- Why protecting children makes early planning even more important
An honest, practical conversation about the conversations we'd rather not have - but really should.
All episodes are general information only and not legal advice. For advice on your specific circumstances, please consult a qualified family law or estate planning practitioner.