Your Will isn’t a “set and forget” document
Congratulations if you’ve already taken the important step of creating a Will! You’re ahead of nearly half of Australian adults who haven’t yet put this crucial document in place. But here’s something many people don’t realise – creating your Will is just the beginning of the journey, not the end.
Think of your Will as a snapshot of your life at a particular moment. As your life evolves, that snapshot becomes increasingly outdated. The Will you created in your 30s likely won’t reflect your reality in your 50s or 70s. Relationships change, assets grow, families expand, and priorities shift.
So, when should you update your Will? Let’s explore the key times you should review and revise your Will to ensure it still reflects your current wishes, relationships and circumstances.
Major life events that call for a Will update
Your Will isn’t a ‘set and forget’ document. These common life events should be your trigger to review it:
Changes in your relationships
- Marriage or new relationship: In Western Australia, marriage automatically revokes any previous Will. If you marry or move in with a partner (including de facto relationships), it’s time to create or update your Will.
- Separation or divorce: Divorce also revokes a Will in WA, but separation does not. If you separate but don’t formally divorce, your former partner could still benefit under your Will — a major risk if your intention has changed.
- Blended families and stepchildren: If you’re in a relationship where children from a previous relationship are involved (yours or your partner’s), you’ll likely need to reconsider who should benefit (especially given WA’s strict inheritance laws).
Changes in your family structure
- Children or grandchildren: The birth or adoption of a child or grandchild is a common prompt for a Will update, especially if you’d like to include guardianship provisions or create a Testamentary Trust.
- Family members in need: A Will should be updated if a loved one is experiencing financial difficulty, illness, disability, addiction, or other circumstances that warrant special consideration.
Changes in your financial situation
- Buying property or acquiring significant assets: Purchasing a home, receiving an inheritance, or expanding your business or investment portfolio are all good reasons to update your Will.
- Superannuation and life insurance: Many Australians are unaware their superannuation may include a life insurance component. This can create a large estate, and your Will needs to account for it.
- Protecting windfalls: If you come into money, updating your Will can help safeguard that wealth from future risks like relationship breakdowns or business liabilities.
Significant life changes
- Death of a loved one: If a spouse, child, grandchild or intended beneficiary passes away, your Will may need to be revised.
- Travel or extended time overseas: If you’re going away for a long time or planning overseas relocation, it’s wise to ensure your affairs are in order.
- Diagnosis of illness: Facing serious health issues is another moment where your estate plan deserves a close look.
Cross-border or legal complexity
- Moving interstate or overseas: Estate laws vary across Australian states and internationally. If your life or assets span multiple jurisdictions, your Will may need to reflect that.
- Owning assets outside WA: Additional planning is often required to account for different legal systems and tax rules.
How often should you revisit your Will?
Even if nothing dramatic has changed, it’s good practice to review your Will regularly.
- Every 3 to 5 years: A simple rule of thumb. This helps you pick up on gradual shifts in your circumstances, your family, or your assets that may not have felt significant at the time, but could now affect your estate plan.
- After significant legislative changes: Legislation can change, particularly around taxation, superannuation, and estate administration. What worked five years ago might now be outdated or even ineffective.
When your executor’s circumstances change: If the person you’ve chosen as executor has moved overseas, become unwell, or is otherwise no longer the right person for the job, your Will needs to reflect that. This applies equally to guardians for minor children or anyone else you’ve appointed in a key role.
Warning signs your Will needs immediate attention
Sometimes the need to update your Will isn’t tied to a specific event. These are some of the scenarios where you shouldn’t delay:
- You can’t locate your original Will: Your original, signed Will is the only version that holds legal weight. If you’ve misplaced it, or only have a scanned copy, that’s a serious problem. Replacing it with a new Will ensures your wishes are clear and avoids legal disputes later.
- You’re not even sure if you have one: According to our 2025 Inheritance State of Play Report, 10% of Western Australians aren’t sure if they even have a valid Will in place. If that’s you — or someone you love — it’s time to find out and act.
- Your Will was made more than 10 years ago: Much like milk, Wills can go off. A Will that’s over a decade old is often disconnected from your current life and may even contain clauses that don’t align with current law. These are the Wills most likely to be challenged.
- Your Will doesn’t address digital assets: Today, digital assets include everything from online accounts to cryptocurrency. If your Will doesn’t make provision for access or control of these, it may be incomplete or open to interpretation.
- There’s been recent family conflict: If relationships between potential beneficiaries have deteriorated, you may need to revisit your plans to minimise conflict after you’re gone.
The risks of an outdated Will
Putting off an update might not seem urgent… until it is. An outdated Will can unravel even the best intentions. Here’s what’s at stake when your Will no longer reflects your reality:
- Unintended beneficiaries: You may unintentionally leave assets to someone you’re no longer close with, or exclude someone you now wish to provide for. Wills that don’t reflect your current relationships can result in outcomes you never intended.
- Family conflict and costly disputes: Ambiguities or outdated provisions can spark painful conflicts among loved ones.
- Tax inefficiencies: Failing to account for legislative changes or smarter structuring (like through a Testamentary Trust) may result in your estate being taxed in ways that could have been avoided.
- Court intervention: If your Will doesn’t address current circumstances clearly, courts may need to interpret your intentions.
How to update your Will
Updating your Will doesn’t always mean starting from scratch. However, it does need to be done properly to ensure your intentions are legally valid and clear.
Option 1: A codicil for small changes
A codicil is a legal document used to make minor updates to an existing Will (e.g. changing an executor or adding a new beneficiary). But while codicils are legally recognised, they can create confusion if not worded clearly or stored with the original Will. For this reason, many people opt to create a new Will altogether.
Option 2: Making a new Will
If your life has changed in significant ways (e.g. a divorce, a blended family, new assets or changed relationships), it’s often best to prepare a brand new Will. A fresh Will revokes all previous versions and reduces the risk of ambiguity or conflict.
Option 3: Comprehensive estate planning review
Sometimes it’s not just your Will that needs updating. At Solomon Hollett Lawyers, we offer full estate planning reviews to ensure your Will, superannuation nominations, Powers of Attorney, and other structures are aligned with your goals and the law.
Beyond the Will: remember your broader estate plan
When thinking about when you should update your Will, it’s also important to consider the rest of your estate plan. These documents work alongside your Will and need to be kept up to date too:
- Power of Attorney: Who you appoint to stand in your shoes to make financial decisions for you.
- Enduring Power of Attorney: Who will manage your affairs if you lose capacity?
- Advance Healthcare Directive: Formerly known as a “Living Will”, this lets you set out your preferences for medical treatment if you’re unable to communicate them in the future.
- Testamentary Trusts: A great tool succession lawyers can use to better protect your assets, or aid tax effectiveness, and protect high risk beneficiaries.
- Superannuation Binding Death Benefit Nominations: These must be kept current and renewed periodically.
- Insurance policies and beneficiary designations: These pass outside your Will and need separate attention.
Taking action: your next steps
Knowing when to update your Will is one thing, but actually doing it is another. Here’s some tips on how to stay ahead of the risks.
- Calendar a review date: Set a reminder to review your Will every 3-5 years.
- Create a life events checklist: Keep a note with your Will about which life events should trigger a review.
- Consult with professionals: Estate planning attorneys can help ensure your updates accomplish your goals while navigating complex legal requirements.
Remember, keeping your Will updated is an act of care for those you love. It provides clarity during what will already be a difficult time and ensures your wishes are carried out as you intend.
An updated Will gives you peace of mind today and provides an invaluable gift of clarity to your loved ones tomorrow.
Don’t leave your legacy to chance
Updating your Will is one of the simplest, most powerful ways to protect the people and things you care about. And with the right advice, it doesn’t need to be complicated.
Our estate planning lawyers in Perth can help you make sure your Will reflects your current life, relationships and wishes, and that it holds up under the relevant Australian state laws that apply to your situation.
