After separating, you'll need to update your ProductLink code="WILL" text="Last Will and Testament". Although some separated spouses keep each other as beneficiaries or executors in their Wills, most people choose differently.
It might even be better to create a new Last Will and Testament. Most Wills include a clause at the beginning that revokes all prior Wills when you create a new one, helping to ensure that the previous document will be unenforceable.
When creating a new Will or updating your current one, consider appointing a new executor and revising your beneficiaries.
Appointing a new executor: If your spouse is the executor of your Will, you likely need to appoint someone new. Consider appointing someone else that you trust, such as a parent, sibling, or adult child.
Revising your beneficiaries: If your spouse is named as a beneficiary or the sole beneficiary of your estate, you can remove them from your Will to ensure they won't inherit your separately owned property in the event of your death. Your separate property includes property you owned prior to the marriage and any gifts or inheritances you received prior to or during the marriage. Many people choose to make their children their new primary beneficiaries, but you can also choose to leave assets to friends, other family members, or charities.
If you leave your spouse as the executor or beneficiary of your Will while you're separated, they can inherit and control your estate in the case of your death.
In addition to updating your Will, there are more documents to update during the separation and divorce process, such as your ProductLink code="PWRATT" text="Power of Attorney" and ProductLink code="ENDPLN" text="End-of-Life Plan".