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Updating or Changing a Will Australia: Codicils, Revocation & More | WillBuddy

Complete guide to updating your will in Australia. Learn when to update, how to use codicils, when to make a new will, and how to properly revoke old wills. State-by-state guidance for NSW, VIC, QLD.

Quick Answer

Update your will after major life events (marriage, divorce, children, significant assets) or every 3-5 years. Use a codicil only for single minor changes. Make a new will for multiple or significant changes, include a clear revocation clause, proper witnessing, and safe storage. Marriage revokes all previous wills; divorce only affects ex-spouse provisions.

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 Life changes, new relationships, children, property purchases, deaths in the family, can make your existing will outdated or even harmful to your intentions.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, drawing from our experience helping thousands of Australians keep their wills current.

WillBuddy makes updates straightforward with guided prompts that check revocation clauses and witnessing requirements, see how the product works.

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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When to Update Your Will

Life Events That Require Updates

Life Event Why Update? Urgency
Marriage Marriage revokes all previous wills Immediate
Divorce Ex-spouse provisions automatically revoked, but review whole will Immediate
Separation Will NOT automatically changed, update if you want different provisions High
Having children Appoint guardians, provide for children High
Death of beneficiary Remove provisions, update distribution Moderate
Death of executor Appoint replacement Moderate
Significant asset changes New property, business, inheritance Moderate
Moving states Review state-specific rules Moderate
Change in beneficiary relationship Estrangement, reconciliation As needed

Regular Review Schedule

Even without major life events, review your will:

Review Frequency Purpose
Every 3-5 years General review and update
After major legislation changes Ensure compliance with new laws
When executor circumstances change Confirm they're still willing and able
Before major trips Peace of mind

How Marriage and Divorce Affect Your Will

Marriage: Automatic Revocation

In all Australian states, marriage automatically revokes all previous wills unless:

  • The will was made "in contemplation of marriage" to that specific person
  • The will expressly states it's not to be revoked by marriage
State Legislation Effect
NSW Succession Act 2006 s12 Marriage revokes will
VIC Wills Act 1997 s14 Marriage revokes will
QLD Succession Act 1981 s14 Marriage revokes will

Action required: Make a new will soon after marriage.

Divorce: Partial Revocation

Divorce automatically affects your will, but doesn't revoke it entirely:

What's Revoked What Remains Valid
Gifts to former spouse Gifts to children and others
Executor appointment of former spouse Other executor appointments
Trustee appointment of former spouse Rest of will provisions
Guardian appointment of former spouse Other guardian appointments

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 (even long-term) has NO automatic effect on your will:

  • 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.

Options for Changing Your Will

Option 1: Codicil

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

When to Use a Codicil When NOT to Use
Single minor change Multiple changes
Updating an address Changing major beneficiaries
Small gift adjustment Adding/removing executors
Correcting a name Complex structural changes
Adding a minor bequest After already having codicils

Requirements for a valid codicil:

  • Must be in writing
  • Must be signed by the testator
  • Must be witnessed by two independent adults (same rules as will)
  • 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:

Situation Why New Will Is Better
Multiple changes needed Cleaner, less confusion
Significant beneficiary changes Clear statement of intentions
Existing codicil(s) Avoids document chain confusion
Structural changes New trusts, different distribution
5+ years since last will Complete review and refresh
After major life event Clean slate approach

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)

How to Properly Revoke a Will

Valid Methods of Revocation

Method Details Recommended?
New will with revocation clause Include "I revoke all previous wills and codicils" Yes ✓
Physical destruction Burn, tear, or otherwise destroy with intent to revoke Yes (with caution)
Marriage Automatic revocation upon marriage Automatic
Written declaration Formal document declaring revocation Rarely used

What Does NOT Revoke a Will

Action Why It Fails
Crossing out text Not a valid form of revocation
Writing "cancelled" on will Ambiguous, may cause disputes
Making a new will without revocation clause Both wills may apply where consistent
Verbal statement Must be in writing
Losing the will Lost will can still be proved
Giving will to someone Custody change ≠ revocation

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

Codicil vs New Will: Decision Guide

Factor Codicil New Will
Number of changes 1 minor change Multiple or significant
Cost Lower Moderate
Complexity Simple Any complexity
Document chain Creates additional document Single document
Risk of confusion Higher if multiple Lower
Professional advice Optional Recommended for complex

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

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
  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
  5. Store safely and inform executor of location
  6. Destroy old will or mark clearly as revoked
  7. Destroy all copies of old will

State-Specific Rules

New South Wales

Aspect NSW Rule
Legislation Succession Act 2006
Marriage revocation s12 – marriage revokes will
Divorce effect s13 – revokes ex-spouse provisions
Revocation methods s16 – new will, destruction, marriage
Codicil requirements Same as will (s5-10)

Victoria

Aspect VIC Rule
Legislation Wills Act 1997
Marriage revocation s14 – marriage revokes will
Divorce effect s12 – revokes ex-spouse provisions
Revocation methods s15-17 – new will, destruction, marriage
Codicil requirements Same as will (s6-10)

Queensland

Aspect QLD Rule
Legislation Succession Act 1981
Marriage revocation s14 – marriage revokes will
Divorce effect s15 – revokes ex-spouse provisions
Revocation methods s16-17 – new will, destruction, marriage
Codicil requirements Same as will (s9-17)

Common Mistakes When Updating

Mistake 1: DIY Alterations

Problem: Crossing out, writing between lines, or using correction fluid Result: Changes are invalid; may invalidate whole will 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 fails 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

Storing Your Updated Will

Storage Option Pros Cons
Home safe Easy access May not be found; fire risk
Bank safe deposit Secure Access delays after death
Solicitor Professional; often free May move or close
Public Trustee State-backed; low cost Must use their forms
Supreme Court Official registry Fees in some states

Always: Tell your executor where your will is stored.

Related Guides

Further Resources

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