Disclaimer: This guide is for educational purposes only and does not constitute legal advice. We recommend consulting a qualified legal professional for advice specific to your situation.
Quick Answer
Review your will every 3-5 years and immediately after major life events: marriage, divorce, birth/adoption, death of beneficiary/executor, significant asset changes, interstate moves, or relationship changes. In Australia, marriage automatically revokes your existing will in most states, and divorce revokes provisions for your ex-spouse. Never make handwritten changes — create a new will or formal codicil.
Overview
Your will is a snapshot of your life at a moment in time. But life doesn't stand still.
You get married. You have children. You buy a house. You start a business. People in your will die. Relationships end. Tax laws change. And suddenly, the will you made ten years ago no longer reflects your reality.
An outdated will can create the exact problems you were trying to prevent: family disputes, unintended beneficiaries, assets going to the wrong people, or executors who can’t serve.
This guide explains when you need to update your will — and how to do it properly.
Marriage: The automatic reset button
Australian Law
In most Australian states and territories, marriage automatically revokes your existing will. The moment you marry, your old will becomes invalid (with limited exceptions in some states if the will was made "in contemplation of marriage"). You're effectively dying without a will unless you make a new one.
What happens when you marry
Before marriage: You have a will leaving everything to your siblings.
You get married: Your will is automatically revoked in most states.
You die without updating: Intestacy rules apply. Your new spouse inherits according to the statutory formula, not your old intentions.
Example: Sarah’s revoked will
Sarah made a will at 25 leaving her estate to her parents. At 32, she married James. She assumed her old will still applied.
When Sarah died unexpectedly, her family discovered the will was invalid. Under intestacy rules, James inherited most of the estate. Sarah’s parents received nothing. Had Sarah made a new will after marriage, she could have provided for both James and her parents.
The fix
Make a new will immediately after marriage. Even if you want everything to go to your spouse, you need a valid will to:
- Appoint an executor
- Name guardians for children
- Include specific gifts
- Plan for tax efficiency
- Provide backup plans if your spouse dies before you
Divorce and separation
Divorce affects your will, but differently than marriage.
Australian Law
Divorce (or annulment) automatically revokes any gifts to your former spouse and removes them as executor or trustee. However, the rest of your will remains valid. De facto relationship breakdowns do NOT automatically affect your will — you must update it manually.
What divorce does to your will
Automatic changes:
- Gifts to your ex-spouse are revoked
- Your ex-spouse is removed as executor
- Your ex-spouse is removed as trustee or guardian
What doesn’t change:
- The rest of your will remains valid
- Gifts to other beneficiaries continue
- Your backup executor takes over
Example: The unintended consequence
Michael’s will left his house to his wife Lisa, and named his sister as backup beneficiary. After divorce, the gift to Lisa was automatically revoked, so the house went to his sister — exactly as Michael intended.
But Michael’s will also created a trust for his children, with Lisa as trustee. After divorce, Lisa was automatically removed as trustee, but Michael never named a replacement. When Michael died, the court had to appoint someone — causing delay and expense.
The fix
Make a new will after divorce, don’t rely on automatic revocation. You need to:
- Appoint a new executor
- Update trustee appointments
- Reconsider all beneficiaries
- Review guardianship arrangements
- Update superannuation nominations
- Update life insurance beneficiaries
Birth or adoption of children
A new child changes everything.
The pretermitted child problem
If you have a child after making your will and you don’t update it, that child might be accidentally left out.
Pretermitted Child Laws
Most Australian states have laws protecting children born or adopted after a will was made. These "pretermitted child" laws give the forgotten child a share of the estate, but relying on them creates uncertainty and potential conflict. Update your will instead.
What to update
- Add the child as a beneficiary
- Appoint guardians if both parents die
- Review executor choice — is your childless friend still appropriate?
- Consider testamentary trusts to protect the inheritance until adulthood
- Update life insurance — do you have enough coverage now?
- Review superannuation nominations
Death of a beneficiary or executor
When someone named in your will dies, your will doesn’t automatically update itself.
If your executor dies
Scenario: Your will names your brother as executor. He dies. You don’t update your will.
Result: Your backup executor takes over (if you named one). If you didn’t name a backup, the court appoints someone — often at significant cost and delay.
If your beneficiary dies
Scenario: Your will leaves your house to your sister. She dies before you. You don’t update your will.
Result: The gift “lapses” (fails). What happens next depends on whether you named alternate beneficiaries and your state’s lapsed gift laws.
The fix
Review your will whenever someone named in it dies. Update:
- Executor and backup executor
- Beneficiaries and alternate beneficiaries
- Guardians for children
- Trustees
Significant asset changes
Your will should reflect what you own.
When to review
You acquire significant assets:
- Buy property
- Inherit money or property
- Receive a large financial settlement
- Start or acquire a business
- Accumulate significant superannuation
You dispose of significant assets:
- Sell property
- Give away assets during your lifetime
- Business closes or is sold
Example: The sold house
David’s will left his Sydney property to his daughter and his Melbourne property to his son. After making the will, David sold the Sydney property and used the proceeds to renovate the Melbourne property.
When David died, his daughter received nothing (the Sydney property no longer existed). His son inherited the renovated Melbourne property — worth much more than either original property. David’s “equal” distribution became highly unequal.
The fix
Review your will after major asset changes. Consider:
- Percentage-based gifts rather than specific assets
- Cash equalisation clauses
- Updating asset values and descriptions
- Residuary clauses that catch everything
Moving interstate or overseas
Australian Interstate Moves
A will made in one Australian state is valid in another, but probate rules, estate administration laws, and intestacy rules vary. Your executor may need to apply for probate in multiple states if you own property in different jurisdictions. Review your will to ensure it's optimal for your new location.
Interstate moves within Australia
While your will remains valid, consider:
- Different probate thresholds and fees
- Different intestacy rules if you die without a valid will
- Location of your executor (interstate executors face extra complexity)
- Location of your assets (property in multiple states requires multiple probate applications)
Moving overseas
A more significant issue. Your Australian will might not be recognised overseas, or vice versa. You may need:
- Separate wills for each country
- Careful coordination to avoid conflicts
- Legal advice in both jurisdictions
- Review of tax implications
Relationship changes
De facto relationship breakdown
De Facto Separations Don't Revoke Wills
Unlike divorce, de facto relationship breakdowns do NOT automatically affect your will. If you separate from your de facto partner, they remain in your will until you actively change it. Update immediately.
Entering a new de facto relationship
Your new partner has no automatic rights unless you update your will. Consider:
- Do you want to provide for them?
- How does this affect your children from previous relationships?
- Do you need a binding financial agreement?
The danger of DIY amendments
NEVER:
- Cross out names and write new ones
- Add handwritten notes in margins
- Strike through clauses
- Make any handwritten changes to your will
Handwritten Changes Can Invalidate Your Will
Any unauthorized alteration to your will can make it invalid or create ambiguity about your intentions. Courts may reject the entire document, leaving you intestate. The only proper way to change a will is through a codicil or a new will.
Why it’s dangerous:
- Alterations can invalidate the entire will
- Handwritten changes may not comply with witnessing requirements
- Creates ambiguity and potential for disputes
- May be challenged as forgery or undue influence
How to update your will properly
You have two options:
Option 1: Codicil
A codicil is a formal amendment to your existing will.
When to use:
- Minor changes (changing an executor, adding a small gift)
- Your will is recent and mostly correct
- The change is straightforward
Requirements:
- Must be in writing
- Must be signed by you
- Must be witnessed (same requirements as a will)
- Must clearly reference the original will
Disadvantages:
- Multiple documents to keep track of
- Can create confusion if there are several codicils
- Each codicil must be probated separately
- Easier to lose or misplace
Option 2: New will
A new will completely replaces your old will.
When to use:
- Major changes (new beneficiaries, different structure)
- Multiple changes needed
- Your will is old or you’ve made previous codicils
- You want a clean, single document
Advantages:
- Everything in one place
- Clear and unambiguous
- Revokes all previous wills and codicils
- Easier to administer
How it works: Your new will should include: “I revoke all former wills and testamentary dispositions made by me.”
Best Practice: Make a New Will
Unless the change is truly minor, making a completely new will is usually better than a codicil. It's clearer, easier to administer, and reduces the risk of confusion or disputes. Wills don't cost much to prepare, and the peace of mind is worth it.
How often should you review your will?
Review Schedule
- Every 3-5 years — even if nothing major has changed
- Immediately after — marriage, divorce, birth, death, significant asset change, interstate move
- When laws change — tax laws, superannuation rules, estate planning legislation
- When circumstances change — retirement, illness, relationship breakdown, business changes
Related resources
Dictionary Terms:
Guides:
Planning Tools:
Final thought
A will isn’t “set and forget.” It’s a living document that should evolve with your life.
The families that avoid estate disputes aren’t the ones who made perfect wills the first time. They’re the ones who kept their wills current — reviewing them regularly, updating them when life changed, and ensuring they always reflected their current reality.
Set a calendar reminder now: review your will every three years. It takes an hour and could save your family years of conflict.
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