Your Will Isn’t Just a “One-and-Done” Deal
If your will is collecting dust next to your year 10 report card and that unused fondue set, it might be time for an update. Life moves fast—babies are born, relationships change, fortunes are made (or Netflix subscriptions cancelled). The truth is, your will should grow with you. That’s why it’s essential to work with will lawyers who can ensure your legacy is in safe hands.
In this guide, we’ll help you understand when, why, and how to update your will without falling into legal potholes or accidentally leaving your cat in the house (unless that’s the plan).
Key Takeaways
- Life events like marriage, divorce, and new children should prompt a will update.
- Wills should be reviewed every 3–5 years, even if nothing dramatic has happened.
- Updating your will is easy with the proper legal guidance (and far better than leaving behind chaos).
- Minor tweaks = codicil. Significant changes = new will.
- Legal witnessing and signing requirements must be followed or your changes might not hold up in court.
When Should You Update Your Will?
Here’s a handy rule of thumb: if your Facebook relationship status has changed or your family tree’s sprouted new branches, it’s time to revisit your will.
Major life events that should trigger an update:
- Marriage or entering a de facto relationship: In most Australian states, marriage automatically revokes a will (unless it's made in contemplation of that marriage).
- Separation or divorce: Exes may remain in your will unless you officially remove them. Yikes.
- New children or grandchildren: Ensure they’re included as beneficiaries if desired.
- Death of a beneficiary or executor: Update their replacements to avoid confusion later.
- Significant financial changes: Selling property, inheriting wealth, or winning the lotto?
Yep, update time.
There are two primary ways to change your will, depending on how much you want to alter:
If you need to make several changes or overhaul your instructions, it’s best to start fresh. A new one will automatically cancel the old one—no burning ceremony is required.
Making a small change, like switching executors or adding a beneficiary? A codicil (a fancy term for “will add-on”) might do the trick. Just be sure it’s signed and appropriately witnessed—no scribbles on the back of a napkin.
Two adult witnesses who aren't beneficiaries must sign a will or codicil. Otherwise, that update might be toast in probate court.
How to Update Your Will (Without Making a Legal Mess)
There are two primary ways to change your will, depending on how much you want to alter:
1. Create a New Will
If you need to make several changes or overhaul your instructions, it’s best to start fresh. A new one will automatically cancel the old one—no burning ceremony is required.
2. Add a Codicil
Making a small change, like switching executors or adding a beneficiary? A codicil (a fancy term for “will add-on”) might do the trick. Just be sure it’s signed and appropriately witnessed—no scribbles on the back of a napkin.
Legal tip:
Two adult witnesses who aren't beneficiaries must sign a will or codicil. Otherwise, that update might be toast in probate court.
Common Mistakes to Avoid
We all love a good life hack, but there’s no room for shortcuts when it comes to wills. Here’s a listicle of what not to do:
5 Mistakes People Make When Updating Their Will
- DIY drama: Writing amendments by hand or crossing out sections quickly leads to confusion, and potentially invalidation.
- Forgetting to tell anyone: Update your executors. If they’re unaware (or your will’s in your sock drawer), it may cause delays.
- Ignoring big life changes: A new house or partner can radically shift your estate plan. Ignorance is not bliss here
- Using outdated templates: What worked 15 years ago might no longer comply with Australian law.
- Leaving it too late: Sadly, if someone loses mental capacity, they may no longer be able to change their will legally.
“Your will is your voice after you're gone. Make sure it’s saying what you really mean.”
Why You Need a Legal Professional (a.k.a. Not Your Cousin with a Printer)
Sure, you can try a DIY will kit—but would you perform your own dental work too?
Hiring experienced will lawyers gives you peace of mind and ensures:
- Your will complies with legal formalities.
- Your assets go where you want them to go.
- Your family avoids disputes and unnecessary court drama.
- You get advice considering your unique financial, family, and personal circumstances.
Bonus: they’ll store your will securely so no one “accidentally” misplaces it.
Time to Update—Not Procrastinate
Think of your will like a living document—something that grows and evolves with you. By keeping it up to date, you’re doing more than protecting your assets. You’re protecting your loved ones from uncertainty, confusion, and the possibility of that one family member showing up out of nowhere with a “surprise” claim.
If it’s been years since you last looked at your will—or you’ve never written one—now’s the perfect time to take action.
For expert help, visit the team at Pearson's. They’ll guide you through the process with professionalism, clarity, and care—no Latin jargon required.
It’s your legacy. Let’s make sure it’s written exactly how you want it.
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