Why You Should Update Your Will Regularly

Wills are essential legal documents that ensure your assets are distributed according to your wishes after your passing.

However, many Australians write a will and then forget about it, assuming it will always reflect their intentions. Unfortunately, life changes—marriage, divorce, the birth of children, or financial shifts—can make an outdated will ineffective or even invalid.

To protect your loved ones and ensure your estate is handled as intended, it’s important to update your will regularly.

Let’s Get Straight to the Point

If you’re short on time, here’s what you need to know:

• Marriage invalidates a previous will – Without an update, intestacy laws determine who inherits.
• Divorce alters your will – Your ex-spouse is usually automatically excluded, but the rest of your will remains unchanged.
• A new child or grandchild? – If they’re not in your will, they won’t inherit unless specified.
• A beneficiary or executor has passed away? – You need to replace them in your will.
• Your financial situation has changed? – A revised will ensure your assets are distributed correctly.
• Regular reviews bring peace of mind – Your will should always reflect your latest life circumstances.

Now, let’s discuss in more detail why keeping your will updated is one of the most important legal steps you can take.

What Happens If You Don’t Update Your Will?

Wills are legal documents, but they are not set in stone. If left unchanged for too long, they can become outdated and ineffective. Failing to update your will can result in:

• Assets not going where you intended – If your circumstances change but your will does not, your estate may not be distributed as you wished.
• Intestacy issues – If your will becomes invalid (for example, due to marriage), your estate may be divided under intestacy laws, which may not reflect your preferences.
• Family disputes – Outdated wills often lead to legal challenges, increasing stress and legal fees for loved ones.
• Tax implications – Failing to update your will could lead to unexpected tax burdens on beneficiaries.

Key Life Events That Require You to Update Your Will

Marriage and Your Will

Marriage automatically cancels a will unless the will specifically states that it was made in contemplation of marriage.

What If You Don’t Update Your Will After Marriage?

• Your old will becomes invalid, meaning intestacy laws will determine who inherits.
• Your spouse may inherit your entire estate, potentially excluding other beneficiaries you intended to include.

What You Should Do: If you get married, update your will immediately to reflect your wishes.

Divorce and Separation

In Australia, getting divorced does not automatically revoke your will. However, it does:

• Cancel gifts to your former spouse – Unless you specify otherwise, they will no longer inherit.
• Remove them as executor – If they were listed as the executor of your estate, you will need to appoint a new one.

What If You Don’t Update Your Will After Divorce?

• The rest of your will remains valid, but unintended consequences may arise if your former spouse was a major beneficiary or executor.
• If you die while separated but not legally divorced, your ex-spouse may still have legal claims on your estate.

What You Should Do: Review your will immediately after separation or divorce to avoid unwanted complications.

The Birth of a Child or Grandchild

If you have a child or grandchild after making your will, they may not be included unless you update it.

Why Is This Important?

• In Australia, children are not automatically entitled to inherit unless stated in a will.
• If you do not name guardians for minor children, the court will decide who takes care of them.

What You Should Do: Update your will to include new family members and appoint guardians for minor children.

A Beneficiary or Executor Passes Away

If a person named in your will dies, whether a beneficiary or an executor, you must update your will to reflect this.

What If You Don’t?

• If a beneficiary dies, their inheritance may go to someone unintended, depending on the wording of your will.
• If an executor dies, your estate may not be managed as you intended.

What You Should Do: Always have alternative beneficiaries and backup executors named in your will.

Changes to Your Financial Situation

A major increase or decrease in wealth can impact how your estate should be distributed.

What If You Don’t Update Your Will?

• Significant new assets (such as property, investments, or business interests) may not be accounted for.
• Changes in tax laws could affect your beneficiaries.

What You Should Do: If your financial situation changes dramatically, consult a solicitor to ensure your will is structured for asset protection and tax efficiency.

How Often Should You Review Your Will?

Updating your will is not a one-time task—regular reviews ensure your estate is distributed according to your current wishes. Even if you haven't experienced major life changes, reviewing your will every few years is a good habit.

General Recommendation

• Every 3–5 years – Even if nothing significant has changed, a periodic review ensures your will remains valid and aligned with any legal updates.
• After any major life event – Certain events require immediate action to prevent complications:
  • Marriage – Automatically cancels previous wills unless stated otherwise.
  • Divorce – Removes your ex-spouse but may leave other outdated clauses.
  • Birth of children or grandchildren – Ensures they are included as beneficiaries.
  • Death of a beneficiary or executor – Requires new names to be added.
  • Significant financial changes – Updates asset distribution to reflect your current wealth.

What If You Only Need a Small Change?

If you only need a minor adjustment, you can use a codicil—a legally binding amendment to your will. This is ideal for:

• Changing an executor or beneficiary.
• Adjusting a specific gift or asset distribution.
• Adding a guardian for a child.

However, drafting a new will is the best approach if the changes are significant—such as rewriting inheritance plans or adjusting multiple sections.

Reviewing your will regularly ensures your estate plan remains valid, clear, and aligned with your latest circumstances.

Common Mistakes to Avoid When Updating Your Will

Forgetting to Update Your Will After Marriage

Marriage automatically cancels previous wills unless stated otherwise. Without an update, your estate will be distributed under intestacy laws, which may not reflect your wishes.

Not Removing an Ex-Spouse After Divorce

Divorce removes your ex from your will, but other clauses remain valid. If you separate but don’t divorce, your ex may still inherit or make legal claims on your estate.

Failing to Appoint a Guardian for Minor Children

Without a named guardian, the court decides who raises your children. Updating your will ensures your chosen guardian takes care of them.

Not Considering Tax Implications

Poor estate planning can lead to higher taxes for beneficiaries, including Capital Gains Tax (CGT) or impacts on government benefits. A solicitor can help reduce tax burdens.

Leaving Outdated Executors

If your executor passes away or is no longer suitable, your estate may face delays and legal issues. Always name a backup executor to avoid complications.

Keeping your will updated and legally sound prevents disputes and ensures your assets go where you intend.

How to Update Your Will in Australia

Updating your will is simple but must be done correctly to remain legally valid. Follow these steps:

Step 1: Review Your Current Will

Check if your will still reflects your wishes, financial situation, and family structure. Consider changes in relationships, new assets, or major life events like marriage, divorce, or children.

Step 2: Identify Necessary Changes

Decide what needs updating:

• Adding or removing beneficiaries (after a birth, death, or separation).
• Updating executors if your original choice is no longer suitable.
• Adjusting asset distribution based on financial changes.
• Naming guardians for minor children.

A codicil (amendment) may be enough for minor edits, but significant changes require a new will.

Step 3: Seek Legal Advice

A solicitor ensures your will is legally valid, tax-efficient, and enforceable. DIY will kits can lead to legal issues, so professional advice is recommended.

Step 4: Ensure Proper Execution

For a valid will in Australia:

• Sign it in front of two adult witnesses, who must also sign.
• Witnesses cannot be beneficiaries or their spouses.
• Use original signatures, no digital copies.

Step 5: Store It Safely

Keep your will in a secure, accessible place:

• With a solicitor or will registry.
• In a fireproof safe at home.
• Ensure your executor knows its location.

Following these steps ensures your will is updated, valid, and ready when needed.

Conclusion

A will is not a "set and forget" document. Regularly updating your will ensures that your assets go to the right people, reduces legal complications, and provides peace of mind.

If you have experienced major life changes, now is the time to update your will to protect your loved ones and ensure your estate is handled as you intended.

Would you like to discuss your will with a professional? Speak to a qualified Australian solicitor today to ensure your will is valid, up-to-date, and legally sound.