Updating or Changing a Will in Australia: When to Do It and How

Your will should reflect your current circumstances and wishes. Life changes, new relationships, children, property purchases, deaths in the family, can make your existing will outdated or even harmful to your intentions.

This guide is part of WillBuddy's Knowledge Centre covering how to update your will in Australia. We provide practical guidance on codicils, new wills, and proper revocation.

WillBuddy makes updates straightforward: every new will includes a revocation clause, and you get witnessing instructions, see how the product works.

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In This Section You'll Learn

• When you should update your will
• How to use a codicil for minor changes
• When to make an entirely new will
• How to properly revoke old wills
• State-specific rules for NSW, VIC, and QLD

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Featured Guides in This Pillar

• How to Update or Change Your Will – Step-by-step process
• Codicil vs New Will – Choosing the right approach
• Revoking or Cancelling a Will – Proper revocation methods

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When to Update Your Will

Life Events That Require Updates

Regular Review Schedule

Even without major life events, review your will:

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How Marriage and Divorce Affect Your Will

Marriage: Automatic Revocation

In every Australian state and territory, marriage generally revokes an existing will unless an exception applies. The exceptions vary:

• The will was made "in contemplation of marriage" to that specific person (in NSW, VIC, QLD, TAS and the NT this need not be stated in the will; in WA it can be shown by the will or other evidence; in SA and the ACT the will must be expressed to be made in contemplation of it)
• The will is expressed to be made in contemplation of marriage generally (NSW, VIC, QLD, TAS and the NT)

Even where marriage revokes the will, NSW, VIC, QLD, TAS and the NT preserve gifts to, and appointments of, the person you are married to at your death; SA and WA do not. See the state guides, for example South Australia or the ACT.

Action required: Make a new will soon after marriage.

Divorce: Partial Revocation

In most states and territories, divorce generally affects your will but doesn't revoke it entirely. In Western Australia, divorce generally revokes the whole will (Wills Act 1970 (WA) s14A; see How to Make a Will in WA). Elsewhere:

Important: The revoked gifts/appointments are treated as if your ex-spouse died before you. This may not produce the result you want.

Action required: Make a new will after divorce to clearly state your intentions.

Separation: No Effect

Separation from a spouse (even long-term) has NO automatic effect on your will. (In Queensland, the end of a de facto relationship generally revokes gifts to and appointments of the former partner, s15B.) Otherwise:

• Your separated spouse remains a beneficiary
• They remain as executor if appointed
• They can inherit under intestacy if you die without a valid will

Action required: Update your will immediately upon separation if you want to change your spouse's entitlement.

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Options for Changing Your Will

Option 1: Codicil

A codicil is a separate document that amends your existing will without replacing it.

Requirements for a valid codicil:

• Must be in writing
• Must be signed by the testator
• Must be signed and witnessed with the same formalities as a will (two witnesses; independent adults are best practice)
• Should reference the will it's amending
• Should be stored with the original will

Option 2: New Will

Making an entirely new will is recommended for:

Essential elements of a new will:

• Clear revocation clause revoking all previous wills and codicils
• Complete statement of your current wishes
• Proper execution (signature + two witnesses)
• Safe storage (destroy or clearly mark old will)

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How to Properly Revoke a Will

Valid Methods of Revocation

What Does NOT Revoke a Will

Best Practice for Revocation

1. Make new will with explicit revocation clause
2. Destroy old will by tearing or burning after new will is executed
3. Destroy all copies or clearly mark "REVOKED" with date
4. Notify your executor of the new will location
5. Update any will registry if you've registered your will

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Codicil vs New Will: Decision Guide

Examples

Use a Codicil:

• Changing executor's address
• Adding a $5,000 gift to a charity
• Correcting a beneficiary's name spelling

Make a New Will:

• After marriage or divorce
• Adding or removing major beneficiaries
• Creating testamentary trusts
• Changing guardian appointments
• Significant redistribution of assets

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Step-by-Step: Updating Your Will

If Using a Codicil

1. Draft the codicil clearly identifying the will it amends
2. State the specific change (e.g., "Clause 5 is amended to...")
3. Confirm remainder of will unchanged
4. Sign the codicil at the end
5. Two witnesses sign in your presence and each other's (required in the ACT)
6. Store with your will and inform executor

If Making a New Will

1. Draft complete new will with all current wishes
2. Include revocation clause at the start
3. Sign at the end of the will
4. Two witnesses sign in your presence and each other's (required in the ACT)
5. Store safely and inform executor of location
6. Destroy old will or mark clearly as revoked
7. Destroy all copies of old will

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State-Specific Rules

New South Wales

Victoria

Queensland

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Common Mistakes When Updating

Mistake 1: DIY Alterations

Problem: Crossing out, writing between lines, or using correction fluid Result: Changes may not be effective and can lead to disputes Solution: Use a codicil or new will for any changes

Mistake 2: Forgetting Revocation Clause

Problem: New will without "I revoke all previous wills" Result: Both wills may apply where consistent; confusion for executor Solution: Always include explicit revocation clause

Mistake 3: Not Destroying Old Will

Problem: Multiple wills found after death Result: Litigation over which applies; delays; costs Solution: Physically destroy old will after executing new one

Mistake 4: Same Witnesses as Beneficiaries

Problem: Witness is also a beneficiary Result: Gift to that witness can fail (in NSW, QLD, TAS and the NT) Solution: Use independent witnesses for all will documents

Mistake 5: Not Updating After Separation

Problem: Assuming separation changes your will Result: Separated spouse may still inherit Solution: Update immediately on separation

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Storing Your Updated Will

Always: Tell your executor where your will is stored.

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Related Guides

• How to Update Your Will – Complete update process
• Codicil vs New Will – When to use each
• Revoking a Will – Proper revocation methods
• Will Requirements Australia – Validity rules
• Divorce Impact on Wills – Post-divorce planning

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Further Resources

• LawAccess NSW – Changing Your Will
• Victoria Legal Aid – Wills
• Queensland Government – Wills

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Getting Started with WillBuddy

Keep your will current with WillBuddy's straightforward update process. Every new will includes a revocation clause, and you get witnessing instructions and a storage checklist.

Update Your Will Now →