Updating or Revoking a Will in Australia: When to Change Your Will and How to Do It Properly

You can update a will by making a new will or signing a codicil, and revoke it with a later will, a written revocation or by deliberately destroying it. Each method needs strict formalities, so handwritten changes are risky. Marriage and divorce can also change a will automatically, and state laws differ.

A will is valid from the day you sign it, but it only takes effect when you die. Everything that happens in between can leave it out of step with your life. A relationship ends, a child is born, a business is bought, an executor dies. The document stays the same while your circumstances do not.

This guide explains when a will should be reviewed, the legally valid ways to update or revoke it, and the life events that can change it without you signing anything. It is general information only. Succession laws are state and territory laws, so you should get advice for your jurisdiction before you act.

Key Takeaways

• A will should be reviewed after any major life event, and at least every three to five years.
• You can update a will with a new will or a codicil. A new will is usually cleaner and safer.
• A will can be revoked by a later will, a formal written revocation, or intentional destruction by you (or at your direction).
• In most states and territories, marriage revokes an existing will unless it was made in contemplation of that marriage.
• Divorce generally cancels gifts and executor appointments for a former spouse. Separation alone usually does not.
• Crossed-out lines, margin notes and unsigned amendments often fail, and can end up in court at your family's expense.

Summary Table

Method	What it does	Formalities	Main risk
New will	Replaces the old will entirely	Full signing and witnessing	Low, if the old will is properly revoked
Codicil	Amends part of an existing will	Same as a will	Multiple documents can conflict or go missing
Written revocation	Cancels a will without replacing it	Same as a will	Leaves you intestate (no will)
Destruction	Cancels the will physically	Intention to revoke, done by you or at your direction	Accidental or unauthorised destruction, and lost wills
Marriage	Revokes an earlier will in most jurisdictions	Automatic, with an exception for contemplation of marriage	Unintended intestacy
Divorce	Cancels gifts and roles for the former spouse	Automatic once the divorce takes effect	Gaps where no backup beneficiary is named
Handwritten changes	Usually ineffective	Usually not met	Disputes, court applications, delay

Why a Will Is Not a Set-and-Forget Document

A will speaks from the date you sign it, but it only operates when you die. Changes to your relationships, assets or the people you have named can leave it out of step with your wishes. Review it after every major life event, not when it is convenient.

Most people treat a will as a task completed. In our experience, that is where the trouble starts. The document is only as good as the assumptions underneath it, and assumptions age.

Common triggers for a review include:

• Marriage or a new relationship. This can revoke a will outright in most jurisdictions.
• Separation or divorce. Your former partner may still be your executor and main beneficiary.
• A new child or grandchild. You may want to provide for them, or reconsider guardianship and trusts.
• A death in the family. A beneficiary, executor or guardian you named may no longer be there.
• Buying property or a business. New assets can change who should inherit and how.
• An inheritance or a big change in wealth. Your original gifts may no longer make sense.
• A beneficiary's changed circumstances. Illness, disability, debt or a relationship breakdown can change how a gift should be structured.
• Moving interstate or overseas. Different laws may apply to parts of your estate.

It also helps to remember what a will does not control. Superannuation, jointly held property, life insurance and assets held in trusts or companies often pass outside the will. A will that looks tidy on paper can still miss most of your wealth. For beneficiaries who need protection, a testamentary trust is worth discussing as part of the review.

Updating a Will: New Will or Codicil?

You can update a will by signing a new will or by adding a codicil, which is a formal amendment. Both must meet the same signing and witnessing rules as the original. A new will is usually cleaner, because it replaces the old document and leaves a single source of truth.

When a codicil works

A codicil is a short, separate document that changes part of your existing will. It suits a small, simple change, such as replacing an executor or adjusting one gift.

To be valid, a codicil generally must:

• be in writing and signed by you, with the capacity to make it;
• be signed in front of two adult witnesses present at the same time, who also sign;
• identify the will it amends, usually by date; and
• be kept with the original will.

Witnesses should not be beneficiaries or married to one. In many jurisdictions a gift to a witness can be void, which is an expensive mistake to find out about after a death.

Why a fresh will is often cleaner

Every codicil is another document that must be found, read and applied together with the will. Over time, that creates problems. A codicil goes missing. Two codicils contradict each other. The wording of an amendment does not sit properly with the clause it was meant to change.

A new will avoids all of that. It includes a clause revoking all earlier wills and codicils, and it lets you take a fresh look at the whole structure. Often a lawyer will spot other issues at the same time, such as an executor who is now elderly, or a gap if a beneficiary dies before you.

Our rule of thumb is simple. If the change fits in one sentence and nothing else in your life has changed, a codicil can be fine. For anything more, make a new will.

Rules that apply either way

Whichever route you choose, a few basics apply. You must have testamentary capacity, meaning you understand what a will is, what you own and who might expect to benefit. You must act freely, without pressure. The original signed document should be stored safely, and your executor should know where it is.

How to Revoke a Will Validly

A will can generally be revoked in three ways: by a later will, by a written document declaring an intention to revoke it, or by intentionally destroying it, such as by burning or tearing. Each requires genuine intention and capacity, and the written methods require formal signing and witnessing.

Revoking by a later will

This is the most common and safest method. A new will should contain an express clause revoking all earlier wills and codicils. Without that clause, a later will still overrides an earlier one to the extent they are inconsistent. But partial overlap invites argument about which parts survive. Express wording removes the doubt.

Revoking in writing

You can also revoke a will by a separate written document stating that you revoke it. This document must be signed and witnessed with the same formalities as a will. A casual note or an email saying you have changed your mind is not enough.

Revoking by destruction

A will can be revoked by burning, tearing or otherwise destroying it, with the intention of revoking it. You must do it yourself, or someone else must do it in your presence and at your direction. Accidental damage does not revoke a will. Nor does destruction by someone else without your direction.

This method is the least reliable in practice. If a will cannot be found after your death, a court may presume you destroyed it intending to revoke it. That can leave a family arguing over what happened to a document no one can produce. Marking or crossing out words on a will is a grey area, and we deal with it in the section on informal changes below.

Revoking without replacing

If you revoke a will and make no new one, your estate is distributed under your state or territory's intestacy rules. Those rules follow a fixed formula based on family relationships. They do not consider your wishes, a blended family, a dependant with special needs or a business that needs to continue. Revoking without replacing is rarely a good idea unless you are making a new will at the same sitting.

Which Life Events Change a Will Automatically?

In most Australian states and territories, marriage revokes an existing will unless it was made in contemplation of that marriage. Divorce generally revokes gifts and executor appointments for your former spouse, while the rest of the will usually stands. Separation alone usually changes nothing. Rules differ by jurisdiction, so check yours.

Marriage

Marriage is the event people most often forget. In most jurisdictions, getting married revokes a will you made earlier. The exception applies where the will was made in contemplation of that particular marriage, and the will generally needs to show that intention. A will that says nothing about an upcoming marriage is unlikely to qualify.

If you are about to marry, see a lawyer beforehand. A will made in contemplation of marriage can be drafted to survive the wedding. Otherwise, you should sign a new will after the wedding.

The result of getting this wrong can be serious. Once the earlier will is revoked and no new one exists, the estate passes under intestacy rules, which may look nothing like your plans.

Divorce

Divorce generally revokes gifts to a former spouse and any appointment of the former spouse as executor, trustee or guardian. The will is then read as if the former spouse had died before you. Everything else in the will usually remains valid.

According to the Federal Circuit and Family Court of Australia (https://www.fcfcoa.gov.au/divorce), a divorce order takes effect one month and one day after it is made. The Family Law Act 1975 requires that the parties have been separated for at least 12 months before a divorce can be granted. So the will-related effects of divorce arrive well after the relationship has actually ended.

Two cautions apply:

• Backup gifts matter. If your will gave everything to your spouse with no alternative, the gift fails on divorce and the estate may pass by intestacy. A new will avoids that gap.
• A divorce does not update everything else. Superannuation nominations, insurance beneficiaries and jointly owned assets are not changed by the divorce. In some states, former spouses may also still be eligible to make a family provision claim. Get advice.

Separation

Separation alone usually does not revoke a will or change gifts or executor appointments. During the months or years between separation and divorce, your estranged spouse may remain your main beneficiary and executor. If you die before property matters are resolved, your spouse is still your spouse.

That is why a review right after separation is so important. Equally, if family law proceedings are underway, get advice on both the family law and succession law consequences before you sign a new will or move assets. Our firm acts for clients in separation and divorce, and we look at the will and the family law position together.

De facto relationships and other events

The effect of starting or ending a de facto relationship varies between jurisdictions. Do not assume the rules for marriage and divorce apply in the same way. The birth of a child does not usually revoke a will, but it may leave the child unintentionally unprovided for. That is a common reason to update.

The Danger of Informal Changes

Handwritten changes to a signed will, such as crossed-out lines, margin notes or unsigned amendments, are risky because they usually do not meet the formal requirements. They may be ignored, or they may start a dispute about what you intended. Either way, the cost and delay land on your family.

We hear the same reasoning often: it is only a small change, and everyone knows what I meant. Those are the changes that cause the most trouble.

The general position is that alterations made after a will has been signed are only effective if they are signed and witnessed like the will itself. A name struck out in pen, a figure changed in the margin, a sticky note, a text message or an unsigned typed amendment generally will not do. Where the original wording is still readable, the court is likely to apply the original.

There is a twist. Courts in each state and territory have power to accept an informal document as a valid will or alteration if satisfied the person intended it to operate as such. That sounds helpful. It is not a plan. It means a family must apply to the Supreme Court, gather evidence about your intentions, and wait for a decision. Beneficiaries who would have been entitled under the formal will may contest it. Probate is delayed, legal costs come out of the estate, and relationships can be damaged for good.

The common informal changes that cause problems are:

• crossing out a beneficiary or executor on the signed will;
• writing a new gift in the margin or on the back page;
• attaching a signed or unsigned note to the will;
• recording changes in an email, text message or notes file; and
• tearing off or removing pages.

We do not subscribe to shortcuts that leave families exposed. If a change is worth making, it is worth making properly. The executor's job is hard enough without having to work out which marks on a page you meant to count. If you are an executor holding a will with markings or notes, get advice before you apply for probate or begin administering the estate.

How Often Should You Review Your Will?

Review your will every three to five years, and straight after any major life event. A routine check catches slow changes, such as growing assets or ageing executors. An event-based review catches the sudden ones, such as separation, a death or a new business. When in doubt, review it.

A useful review does not need to be long. Ask yourself:

• Are my executor and any guardians still willing, able and the right choice?
• Are my beneficiaries still alive, and do the gifts still make sense?
• Have I bought, sold or restructured major assets?
• Is there a backup if a beneficiary dies before me?
• Does any beneficiary need protection, for example through a testamentary trust?
• Have my superannuation, insurance and joint ownership arrangements been aligned with my will?
• Do my family and executor know where the original will is?

If you have moved interstate, a will validly made in one state is generally recognised in another, but the rules on revocation, marriage and divorce differ. It is worth having it checked.

Executors should also consider whether an older will is still the last valid will. If you find a will that predates a marriage or divorce, do not assume it governs the estate. Probate and administration both depend on identifying the correct, valid will first.

A Will That Looks Fine Can Still Fail Your Family

The most dangerous will is not a missing one. It is the one everybody assumes is still fine. It exists, it is signed, and nobody has checked it against the life the person actually lived.

Here is a hypothetical example, to show how it unfolds. Consider a widower who signs a will leaving his estate equally to his two adult children, naming the eldest as executor. Some years later he remarries. He tells his children the house will still go to them, and he assumes his will says so. He never signs a new one.

In most jurisdictions, his marriage revoked that will unless it was made in contemplation of the marriage. When he dies, there is no valid will. His estate passes under intestacy rules, which in many states give a surviving spouse a substantial share. His children, who expected the house, may receive far less than he intended. His widow, who may have understood the same thing about the house, may also feel she has been wronged. A family provision claim, a dispute over who should administer the estate and years of legal costs can follow.

None of that was inevitable. A new will after the wedding, perhaps with a testamentary trust or a life interest in the home for his wife, would have carried his real wishes into effect.

Our position is that the document is rarely the problem. The assumptions are. So before you decide whether to change a will, test three of them:

1. Do I know what my will actually says today? Not what I remember, but what it says.
2. Has any event since I signed it changed its legal effect? Marriage and divorce can do this without a word on the page.
3. Would my executor be able to carry it out without a court? If the answer relies on explaining what I meant, it is not ready.

Those questions are quick to ask and cheap compared with a contested estate.

Book a Will Review with Steven M Clark

A will review confirms that your will still reflects your wishes and is legally sound. We read it against what has changed in your life, tell you straight whether it needs a new will, a codicil or nothing at all, and explain why.

We talk to clients as people, not files. We work hard, we give straight advice, and we keep to high ethical standards. Steven Clark is actively involved in supervising operations and overseeing standards of work, so your review is not passed down a line.

To book a will review, contact Steven M Clark. If you are an executor or family member unsure whether an older will is still valid, we can help you work that out as well.

References

• Federal Circuit and Family Court of Australia, Divorce
• Australian Government, Family Law Act 1975 (Cth)
• NSW Government, Succession Act 2006 (NSW)