Keeping your Will up to date is just as important as writing one in the first place. A Will outlines how your estate should be handled after your death, but if your personal or financial circumstances change and your Will doesn't reflect that, it could lead to confusion, disputes, or unintended outcomes.
If you're asking, "how do you update your Will in Australia", we'll explain it in this blog as well as what your options are, and the safest ways to make sure your new wishes are legally recognised.
Why Updating Your Will Matters
Life is constantly changing. You may get married, separate, welcome children or grandchildren, lose loved ones, or grow your wealth over time. These changes can significantly impact how you want your estate distributed, who you'd like to act as your executor, or who should care for your children.
Failing to keep your Will updated can cause problems down the track. For example, an outdated Will may include someone who has passed away, leave out new family members, or no longer reflect your wishes around planning your child's guardianship.
What Is the Best Way to Update a Will?
So, what is the best way to update a Will? In Australia, it is usually by drafting a new one. While there is a legal tool called a codicil, a separate document that changes part of your Will, this method is rarely used now, as it can create confusion or risk inconsistencies.
Making a new Will gives you a clean slate. It revokes any previous versions and ensures all your instructions are captured in one clear, up-to-date document.
To avoid disputes or questions around your intentions, it's recommended that you:
- Work with experienced wills and estate lawyers in Sydney
- Make your intentions clear, particularly if you're excluding someone who might expect to inherit
- Destroy all old copies of your Will once the new one is valid
When Should You Update Your Will?
A good rule of thumb is to review your Will every 3 to 5 years, or sooner if a major life event happens. Common triggers to update your Will include:
- Marriage or divorce
- Birth or adoption of children or grandchildren
- Death of a spouse, child, or beneficiary
- Significant changes to your financial position
- Buying or selling property or a business
- Changing your executor or guardian appointments
If you've updated your Will but haven't changed your wishes since, it's still worth reviewing to make sure nothing is outdated or unclear.
How to Revoke an Old Will
In Australia, a new valid Will automatically revokes any earlier versions. However, it's a good idea to clearly state this in your updated Will with a line like:
"I revoke all former wills and testamentary dispositions previously made by me."
To avoid confusion, you should also:
- Collect and destroy physical copies of your old Will
- Inform your executor and family that a new Will is in place
- Store your new Will in a safe, accessible location (your solicitor's office is a good option)
What If You Only Want to Make a Small Change?
If you're only making a small update, like changing your executor or adding a small gift, you might be tempted to use a codicil. However, codicils must meet the same legal standards as a Will, including being signed and witnessed properly.
Because of the potential for confusion or mistakes, most legal professionals advise drafting a new Will instead. It's often faster, clearer, and easier to administer after death.
Common Mistakes to Avoid When Updating Your Will
- Writing changes on the original Will: Handwriting on a Will after it's signed won't be legally binding and could invalidate the document.
- Failing to sign and witness the new Will properly: Every new Will must meet formal requirements.
- Not informing your solicitor: DIY Will kits often cause issues. It's best to seek professional guidance.
- Forgetting to update related documents: Consider reviewing superannuation nominations, Powers of Attorney, and guardianship arrangements as well.
Secure Your Legacy With Confidence
Updating your Will is a simple yet powerful step to protect your legacy, your family, and your intentions. At Watkins Tapsell, our wills and estate lawyers in Sydney offer practical, personalised guidance for every stage of your life. Whether you're updating after a significant change or want to make sure your existing Will still works for you, we're here to help.
Explore more in our family law FAQs or contact our team today. We also offer support through our broader legal services, including solicitor Sydney advice across family law, business, and estate matters.
Frequently Asked Questions
How do you update your Will in Australia?
You can update your Will in Australia by drafting a new one that clearly revokes all previous versions. This is the safest and most legally sound method. It ensures your current wishes are respected and removes any confusion caused by outdated or conflicting documents.
What is the best way to update a Will?
The best way is to write a brand new Will. It removes ambiguity and gives you the chance to clearly express your intentions. Updating via a codicil is possible, but it's generally not recommended due to the risk of inconsistencies.
Can you update your Will without a lawyer?
Yes, but it's not advised. Mistakes in DIY Wills can make the document invalid or open to challenge. Working with wills and estate lawyers in Sydney ensures your Will is compliant, clearly drafted, and properly executed.
Does marriage or divorce affect your Will?
Yes. Marriage can revoke your existing Will unless it was made in contemplation of the marriage. Divorce may cancel any gifts to your ex-partner but doesn't revoke the entire Will. It's best to update your Will after either event.
Do I need to update my Will if I've changed my mind about guardianship?
Yes. If you've changed your preferred guardian or want to outline different wishes around planning your child's guardianship, updating your Will is crucial. A valid, current Will provides clarity and guidance during difficult times.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
