Updating or Changing a Will

How to Update or Change Your Will Australia: Complete Step-by-Step Guide 2025

Step-by-step guide to updating your will in Australia. Learn when to update, how to use codicils vs new wills, proper revocation, witnessing requirements, and state-specific rules for NSW, VIC, QLD.

Quick Answer

There are only two legally valid ways to change your will in Australia: make a codicil or create an entirely new will. Whichever you choose, the document must be properly drafted, signed, and witnessed to take effect.

  • Choose the right method: Use a codicil for a single minor change; make a new will for multiple or major changes.
  • Use proper execution: Sign with two independent adult witnesses present together; a new will should include a revocation clause.
  • Handle the old will: Store the new document safely and destroy the old will and all copies.
  • Never write on your signed will: Handwritten alterations don't constitute a valid amendment and can invalidate it entirely.

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 Life changes, marriage, children, divorce, property purchases, deaths in the family, can make your existing will outdated or even counterproductive to your intentions.

The cost of not updating: According to research from the Law Council of Australia and state Public Trustees, approximately 45% of wills are outdated at the time of death, leading to unintended distributions, family disputes, and costly litigation. With average Australian estate values exceeding $500,000 (driven largely by property), an outdated will can redirect hundreds of thousands of dollars away from your intended beneficiaries.

This article is part of WillBuddy's Knowledge Centre providing a complete guide to updating your will in Australia. We cover when to update, how to make changes properly, common mistakes to avoid, and state-specific requirements for all eight Australian jurisdictions.

Key Statistics: Why Will Updates Matter

Statistic Source
45% of wills are outdated at death Law Council of Australia
~170,000 marriages occur annually (each may revoke a will) ABS Marriage Statistics 2023
~49,000 divorces occur annually (each partially revokes a will) ABS Divorce Statistics 2023
20% of contested estates involve will change issues Queensland Courts data
$25,000-$75,000 average cost to resolve will disputes State Public Trustees
$500,000+ average Australian estate value ABS Household Wealth Statistics
3-5 years recommended maximum interval between will reviews Law Society recommendations

In This Article You'll Learn

  • When you must update your will (trigger events and timelines)
  • Step-by-step process for making changes (with sample wording)
  • Codicil vs new will: comprehensive decision guide
  • Proper execution requirements by state
  • How to revoke old wills correctly (destruction protocols)
  • Common mistakes that invalidate changes (with case studies)
  • State-specific rules for all eight Australian jurisdictions
  • Cost comparison: DIY vs professional options
  • Complete checklists and notification templates

When to Update Your Will

Understanding when to update your will is crucial, approximately 1 in 3 Australian wills become significantly outdated within five years due to life changes. Here's a comprehensive guide to update triggers.

Life Events Requiring Immediate Updates

Life Event Why Update Required Urgency Action Timeline
Marriage Marriage automatically revokes all previous wills Immediate Within 1 week of marriage
Divorce Provisions for ex-spouse automatically revoked, but review entire will Immediate As soon as divorce order made
Separation Will NOT automatically changed, must update if you want different provisions High Within 2 weeks
Birth/adoption of child Appoint guardians, provide for children High Within 1 month
Death of beneficiary Update distribution, remove deceased Moderate Within 3 months
Death of executor Appoint replacement executor Moderate Within 3 months
Significant asset changes New property, business, large inheritance over $50,000 Moderate Within 3-6 months
Moving states Review state-specific rules, family provision differences Moderate Within 6 months
Relationship changes Estrangement, reconciliation, new relationships As needed Review and decide
Will over 5 years old General review for changed circumstances Moderate Schedule review

The Will Update Timeline

Your Age Recommended Review Frequency Focus Areas
18-30 Every 5 years or after major life events Marriage, first home, children
30-50 Every 3-5 years Career changes, family growth, property
50-65 Every 2-3 years Retirement planning, grandchildren, health changes
65+ Every 1-2 years Capacity considerations, aged care, simplified provisions

Case Study: The Outdated Will

Background: Richard (58, NSW) made his will in 2015 naming his wife Sarah as sole beneficiary with their two adult children as alternates. In 2019, Richard and Sarah separated but never divorced. Richard began a relationship with Jennifer in 2020. He never updated his will.

When Richard died in 2024:

  • His 2015 will was still valid (separation doesn't revoke a will)
  • Sarah inherited Richard's entire $1.2 million estate
  • Jennifer and Richard's children (from whom he had become estranged) received nothing initially
  • Jennifer made a family provision claim, leading to $78,000 in legal fees over 14 months
  • Final settlement: Jennifer received $350,000, Sarah received remainder
  • Richard's actual wishes (equal to Jennifer and children, nothing to Sarah) were never implemented

What should have happened: Richard should have made a new will immediately upon separation in 2019, and updated it again when his relationship with Jennifer became established.

The Real Cost of Not Updating

Scenario Potential Consequence Estimated Cost
Didn't update after marriage Die intestate, estate distributed by intestacy rules $15,000-$50,000+ in administration
Didn't update after separation Estranged spouse inherits everything $50,000-$200,000+ redirected
Didn't update after child's birth No guardian appointed, court decides $10,000-$30,000 court costs
Didn't update after beneficiary's death Gift fails, may pass differently than intended $5,000-$25,000 in complications
Didn't update executor appointment Administrator must be appointed by court $3,000-$15,000 delay costs

Critical Understanding: Marriage and Divorce

Understanding how marriage, divorce, and separation affect your will across all Australian jurisdictions is essential.

Marriage Revokes Your Will

In all Australian states and territories, 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/Territory Legislation Section Effect
NSW Succession Act 2006 s12 Marriage revokes will
VIC Wills Act 1997 s13 Marriage revokes will
QLD Succession Act 1981 s14 Marriage revokes will
SA Succession Act 2023 (SA) Marriage revokes will
WA Wills Act 1970 s14 Marriage revokes will
TAS Wills Act 2008 s16 Marriage revokes will
ACT Wills Act 1968 s20 Marriage revokes will
NT Wills Act 2000 s14 Marriage revokes will

Critical Warning: If you get married and don't make a new will, you die intestate (without a valid will), and your estate is distributed according to intestacy rules, not your wishes. With approximately 170,000 marriages occurring in Australia each year (ABS 2023), this affects thousands of families annually.

Divorce Partially Revokes Your Will

Divorce automatically revokes provisions relating to your former spouse, but the rest of your will remains valid:

What's Automatically 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 (if applicable) Other guardian appointments
Power of attorney to former spouse Remaining will structure

State-by-State Divorce Effects:

State/Territory Legislation Effect on Ex-Spouse Provisions
NSW Succession Act 2006 s13 Treated as if ex-spouse died before you
VIC Wills Act 1997 s14 Provisions relating to spouse revoked
QLD Succession Act 1981 s15 Provisions for spouse have no effect
SA Succession Act 2023 (SA) Treated as if ex-spouse died before you
WA Wills Act 1970 s14A Provisions relating to spouse revoked
TAS Wills Act 2008 s17 Treated as if ex-spouse died before you
ACT Wills Act 1968 s20A Provisions relating to spouse revoked
NT Wills Act 2000 s15 Provisions for spouse have no effect

Important Nuance: The revoked provisions are treated as if your ex-spouse died before you, which may redirect assets in unexpected ways. For example, if your will said "to my spouse, or if they predecease me, to their children, " the gift might pass to your ex-spouse's children rather than your own.

Separation Has NO Effect

Key point

Separation alone does not change your will in any Australian jurisdiction, your separated spouse can still inherit and act as executor. Update your will immediately upon separation rather than waiting for divorce to be finalised.

This is critical to understand: Separation alone does NOT change your will in ANY Australian jurisdiction:

What Remains Unchanged Consequence
Your separated spouse remains a beneficiary They can inherit everything under your will
They remain as executor if appointed They control your estate administration
They can inherit under intestacy If you die without a valid will
Enduring powers of attorney remain valid They may make decisions for you if incapacitated

Real-World Impact: With approximately 49,000 divorces in Australia each year (ABS 2023), there are many more separations that never proceed to divorce. Each separated person who hasn't updated their will is at risk of their estate passing contrary to their wishes.

Action Required: Update your will immediately upon separation if you want to change your spouse's entitlement. Don't wait for the divorce to be finalised, many separations last years, and tragedy can strike at any time.

Two Methods for Updating Your Will

Key point

There are only two legally valid ways to change your will: make a codicil or create a new will. In roughly 90% of cases a new will is the better choice, and never write changes directly on your signed will, which can invalidate it entirely.

There are only two legally valid ways to change your will in Australia: making a codicil or creating an entirely new will. Understanding when to use each method is crucial.

Cost Comparison: Codicil vs New Will

Option DIY Cost Lawyer Cost Public Trustee Best For
Codicil $0-$50 $100-$300 $30-$100 Single minor change
New Will $20-$150 $250-$800 $75-$250 Multiple changes, major changes
New Will + Advice N/A $500-$2,000+ $150-$400 Complex estates, blended families

Important: The cost difference between a codicil and new will is minimal ($50-$500), but the risk difference is substantial. A problematic codicil can lead to disputes costing $25,000-$100,000+.

Option 1: Codicil

A codicil is a separate document that amends specific provisions of your existing will without replacing the entire will. It's a rarely appropriate option in modern estate planning.

Key Principle: In approximately 90% of cases, a new will is the better choice than a codicil.

When to Use a Codicil

Appropriate for Codicil NOT Appropriate for Codicil
Single minor change Multiple changes (even 2-3)
Updating executor's address Changing major beneficiaries
Correcting a name spelling Adding/removing executors
Adding a small gift (under $5,000 to charity) Complex structural changes
Minor clarification After you already have codicils
If will is more than 5 years old
If you've had any major life event

Codicil Suitability Checklist

Use a codicil only if ALL of these apply:

  • You're making only ONE change
  • The change is minor/administrative
  • Your existing will is less than 5 years old
  • Your existing will is well-drafted and clear
  • You have NO existing codicils
  • The change doesn't affect major distributions
  • The change doesn't create any inconsistencies
  • No major life events have occurred since original will
  • You're confident in all other provisions

If ANY of these don't apply → make a new will instead.

Why Codicils Are Risky

Risk Explanation
Document chain confusion Executor must read both documents together
Inconsistency problems Changes may conflict with original provisions
Lost or separated Codicil stored separately from will
Multiple codicils compound Each codicil increases complexity and risk
Challenge vulnerability Easier to argue testamentary incapacity for just the codicil
Witnesses needed again Same formalities as full will

Option 2: New Will (Recommended)

Making a completely new will is recommended for most situations, it creates a single, clean document that clearly states all your wishes.

When to Make a New Will

Situation Why New Will Required Cost-Benefit
Multiple changes needed Creates single, clear document Clearer for $150-$300 extra
Major beneficiary changes Reduces challenge risk Prevents $50,000+ disputes
Marriage Marriage revoked old will anyway Essential
Divorce Provisions revoked, review needed Essential
Adding/removing executor Better stated in fresh will Clearer for executor
Existing codicil(s) Prevents document chain confusion Essential
Will is 5+ years old Complete review warranted Best practice
Adding trusts Complex provisions need clean document Essential
Structural changes New distribution scheme Essential
Major life event Children, death of beneficiary Recommended
Separation Remove spouse provisions Essential

The 90% Rule

In approximately 90% of situations where someone considers a codicil, a new will is the better choice.

Scenario Codicil Seems Easier New Will Better Because
"Just changing one amount" Opportunity to review entire will
"Just removing one person" May affect other provisions
"Adding one beneficiary" Distribution percentages may need recalculating
"Updating executor address" If will over 5 years old, review warranted

Decision Tree: Codicil or New Will?

Is your will over 5 years old?
├── YES → Make new will
└── NO → Continue...

Have you already made a codicil?
├── YES → Make new will
└── NO → Continue...

Are you making more than ONE change?
├── YES → Make new will
└── NO → Continue...

Is the change major (executor, beneficiary, distribution)?
├── YES → Make new will
└── NO → Continue...

Have you had a major life event since the will?
├── YES → Make new will
└── NO → Codicil MAY be appropriate

Even then, consider: Is saving $100-$300 worth the risk?
→ If in doubt, make a new will

Step-by-Step: Making a Codicil

If you've determined a codicil is genuinely appropriate (single minor change, recent will, no existing codicils), follow these steps carefully.

Step 1: Review Your Existing Will

Task Checklist
Locate original will [ ] Found signed original
Identify clause to change [ ] Clause number: _____
Note will date [ ] Date: _____
Check for existing codicils [ ] None exist
Review entire will [ ] All other provisions still correct
Confirm will is recent [ ] Less than 5 years old

Warning: If you cannot locate your original will, DO NOT make a codicil. You may need to make a new will or engage a lawyer to establish what will exists.

Step 2: Draft the Codicil

Essential elements every codicil must contain:

Element Purpose Example Wording
Title Identifies document "FIRST CODICIL TO THE WILL OF [NAME]"
Personal details Identifies you "I, [Full Name], of [Address]"
Reference to will Links to original "dated [exact date of will]"
Specific change States amendment "I revoke clause [X] and substitute..."
Confirmation clause Preserves rest of will "In all other respects I confirm my said Will"
Date Establishes timing "Signed this [day] day of [month] [year]"
Attestation clause Confirms proper execution "Signed by [Name] in our presence..."

Sample Codicil: Changing Executor

FIRST CODICIL TO THE WILL OF JENNIFER ANNE SMITH

I, JENNIFER ANNE SMITH of 45 George Street, Sydney NSW 2000,
DECLARE this to be the First Codicil to my Will dated 15 March 2022.

1. I REVOKE clause 2 of my said Will which appointed MICHAEL JAMES
 THOMPSON as my Executor and Trustee.

2. IN PLACE of the said MICHAEL JAMES THOMPSON, I APPOINT
 SARAH LOUISE WILSON of 78 Collins Street, Melbourne VIC 3000
 as Executor and Trustee of my Will.

3. IN ALL OTHER RESPECTS I confirm my said Will dated 15 March 2022.

SIGNED by me this ______ day of _____________ 20____


_______________________________
JENNIFER ANNE SMITH


SIGNED by the above-named JENNIFER ANNE SMITH in our joint presence
and then by us in her presence and in the presence of each other:


WITNESS 1: WITNESS 2:

Signature: ___________________ Signature: ___________________

Full Name: ___________________ Full Name: ___________________

Address: ____________________ Address: ____________________

 ____________________ ____________________

Occupation: _________________ Occupation: _________________

Date: ______________________ Date: ______________________

Sample Codicil: Adding a Small Gift

FIRST CODICIL TO THE WILL OF ROBERT JAMES CHEN

I, ROBERT JAMES CHEN of 123 Queen Street, Brisbane QLD 4000,
DECLARE this to be the First Codicil to my Will dated 8 November 2023.

1. IN ADDITION to the gifts contained in my said Will, I GIVE the sum
 of FIVE THOUSAND DOLLARS ($5,000.00) to THE SALVATION ARMY AUSTRALIA
 (ABN 99 448 844 401) for its general charitable purposes.

2. This gift shall be paid from my residuary estate before distribution
 to my residuary beneficiaries.

3. IN ALL OTHER RESPECTS I confirm my said Will dated 8 November 2023.

SIGNED by me this ______ day of _____________ 20____

[Continue with attestation clause as above]

Sample Codicil: Updating Address

FIRST CODICIL TO THE WILL OF MARGARET ANNE O'BRIEN

I, MARGARET ANNE O'BRIEN of 56 Pitt Street, Perth WA 6000,
DECLARE this to be the First Codicil to my Will dated 22 June 2024.

1. I UPDATE my personal address in my said Will from "89 Murray Street,
 Perth WA 6000" to "56 Pitt Street, Perth WA 6000".

2. IN ALL OTHER RESPECTS I confirm my said Will dated 22 June 2024.

SIGNED by me this ______ day of _____________ 20____

[Continue with attestation clause as above]

Step 3: Execute the Codicil

A codicil requires exactly the same formalities as a will. There are no shortcuts.

Requirement Details Warning
In writing Typed or handwritten (typed strongly preferred) Handwriting may be misread
Signed by you At the end of the codicil, in the presence of both witnesses Not in advance, not after
Two witnesses Adults (18+), not beneficiaries, not spouses of beneficiaries Or gift to them fails
Witnesses present together Both there when you sign They must see you sign
Witnesses sign In your presence and each other's presence Sequential signing is NOT valid
All details recorded Names, addresses, occupations Aids identification later

Execution Procedure

Step Action What Happens
1 Gather all parties You + 2 witnesses in same room
2 You sign codicil Both witnesses watch you sign
3 First witness signs You + second witness watch
4 Second witness signs You + first witness watch
5 Witnesses add details Name, address, occupation, date
6 Check completeness All signatures and details present

Step 4: Store Properly

Storage Action Details Why Important
Keep with original will Same location, same envelope/folder Must be read together
Do NOT staple to will Keep loose but together Stapling can raise suspicion of tampering
Notify executor Written notification preferred They need to know it exists
Update your records Note codicil date and contents For your reference
Consider professional storage Lawyer, bank, Public Trustee Prevents loss

Step 5: Notification Checklist

After making a codicil, notify these people:

  • Primary executor (essential)
  • Alternate executor (if applicable)
  • Lawyer who holds will (if applicable)
  • Public Trustee (if they hold will)
  • Family member who knows will location

Step-by-Step: Making a New Will

Making a new will is the recommended approach for most changes. Follow this comprehensive process.

Step 1: Review Current Situation

Before drafting, gather all necessary information:

Asset Inventory

Asset Type Details to Gather Current Value
Real property Address, title details, mortgage status $
Bank accounts Bank name, account numbers $
Superannuation Fund name, current balance, existing nominations $
Investments Shares, managed funds, bonds $
Vehicles Make, model, registration $
Personal items Jewellery, art, collectibles, sentimental items $
Business interests Company shares, partnership interests, sole trader $
Digital assets Cryptocurrency, online accounts, intellectual property $
Insurance Life insurance, TPD (check if outside super) $
Debts/liabilities Mortgages, loans, guarantees ($ )

Note: Superannuation and life insurance policies with nominated beneficiaries generally pass outside your will, review those nominations separately.

Beneficiary and Executor Information

Person Full Legal Name Current Address Phone Relationship
Primary executor
Alternate executor
Beneficiary 1
Beneficiary 2
Guardian (children)
Alternate guardian

Step 2: Draft the New Will

Every valid will must contain these essential elements:

Element Purpose Example Wording
Opening Identifies you "This is the last will of [Full Name] of [Address]"
Revocation clause Cancels all prior wills "I revoke all previous wills and codicils"
Executor appointment Names who administers estate "I appoint [Name] as my Executor and Trustee"
Alternate executor Backup if primary unavailable "If [Primary] is unable or unwilling, I appoint [Alternate]"
Specific gifts Named items to named people "I give my [item] to [Name]"
Pecuniary gifts Cash amounts to named people "I give $[amount] to [Name]"
Residue clause Everything else "I give the residue of my estate to..."
Guardian clause For minor children "I appoint [Name] as guardian of my minor children"
Attestation clause Confirms proper execution "Signed by [Name] in our presence..."

Sample New Will Structure

LAST WILL AND TESTAMENT OF [FULL LEGAL NAME]

I, [FULL LEGAL NAME] of [Full Address], revoke all former wills
and testamentary dispositions made by me and declare this to be
my last will.

1. EXECUTOR AND TRUSTEE
 I appoint [EXECUTOR NAME] of [Address] to be the Executor and
 Trustee of this my Will. If [EXECUTOR NAME] is unable or unwilling
 to act, I appoint [ALTERNATE NAME] of [Address] in their place.

2. FUNERAL WISHES (optional)
 I request that my body be [buried/cremated] and my funeral be
 conducted [any specific wishes].

3. SPECIFIC GIFTS
 I give the following specific gifts free of all duties and expenses:
 (a) My [item description] to [BENEFICIARY NAME];
 (b) [continue as needed]

4. PECUNIARY GIFTS
 I give the following sums free of all duties and expenses:
 (a) $[amount] to [BENEFICIARY NAME];
 (b) [continue as needed]

5. RESIDUE
 Subject to payment of my debts, funeral and testamentary expenses,
 I give the residue of my estate to [BENEFICIARY/IES] in the
 following shares: [specify percentages or "in equal shares"]

6. GUARDIANSHIP (if applicable)
 If at my death I have children under the age of 18 years,
 I appoint [GUARDIAN NAME] of [Address] to be guardian of such
 children. If [GUARDIAN NAME] is unable or unwilling to act,
 I appoint [ALTERNATE] in their place.

7. GENERAL PROVISIONS
 [Any additional clauses as needed]

SIGNED by [YOUR NAME] as their Will in the presence of us both
present at the same time who at their request and in their
presence and in the presence of each other have subscribed
our names as witnesses:

TESTATOR:

Signature: _________________________

Date: _____________________________


WITNESSES:

WITNESS 1 WITNESS 2

Signature: _____________________ Signature: _____________________

Full Name: _____________________ Full Name: _____________________

Address: _______________________ Address: _______________________

 _______________________ _______________________

Occupation: ____________________ Occupation: ____________________

Step 3: Execute the New Will

The execution ceremony must be performed exactly right, errors can invalidate the entire will.

Pre-Execution Checklist

  • Will is printed on good quality paper (no erasures, no correction fluid)
  • All pages are numbered (e.g., "Page 1 of 4")
  • Your full name appears on every page
  • Two suitable witnesses are available (adults, not beneficiaries)
  • All parties in same room with good lighting
  • Pen with permanent ink available (same pen for all signatures)

Execution Procedure

Step Action Critical Details
1 Gather all parties You + both witnesses, same room, same time
2 Confirm witness eligibility Adults, not beneficiaries or spouses of beneficiaries
3 You sign the will At the end, while both witnesses watch
4 First witness signs While you AND second witness watch
5 Second witness signs While you AND first witness watch
6 Witnesses add details Full name, address, occupation
7 Check every page Initial each page if desired (not required but good practice)
8 Date the document All parties note the date

Warning: If witnesses sign at different times, or out of sight of each other, the will may be invalid. This is the most common execution error.

Step 4: Handle the Old Will

CRITICAL: Only destroy your old will AFTER your new will is properly executed and stored.

Old Will Destruction Protocol

Step Action Details
1 Verify new will executed Check all signatures present
2 Store new will safely Confirm secure storage before destruction
3 Locate old will Find original and all copies
4 Physically destroy original Tear into multiple pieces, burn, or shred
5 Destroy or mark copies Shred OR mark "REVOKED - [date] - See new will dated [date]"
6 Notify executor Inform of new will, confirm old destroyed
7 Update registries If registered with will registry

Destruction Methods

Method Suitability Notes
Shredding ✓ Recommended Use cross-cut shredder for security
Burning ✓ Acceptable Ensure complete destruction
Tearing ✓ Acceptable Into multiple small pieces
Throwing away ✗ Not recommended May be retrieved, reconstructed
Crossing out ✗ Invalid Does not revoke, may cause confusion

Step 5: Notification and Records

Notification Template Letter

[Your Address]
[Date]

Dear [Executor Name],

I am writing to inform you that I have made a new Will dated [date].

This new Will replaces all previous wills and codicils I have made.
I have destroyed my previous Will dated [old date].

My new Will is stored at: [storage location]

Please retain this letter with your records and acknowledge receipt
at your earliest convenience.

If you have any questions about your appointment as Executor, please
don't hesitate to contact me.

Yours sincerely,

[Your signature]
[Your printed name]

Post-Execution Checklist

  • New will signed and witnessed correctly
  • New will stored securely
  • Old will and copies destroyed
  • Executor notified in writing
  • Will registry updated (if applicable)
  • Superannuation nominations reviewed (separate from will)
  • Life insurance nominations reviewed (separate from will)
  • Document storage location recorded with trusted person

Witnessing Requirements

Proper witnessing is the most common cause of will invalidation. Approximately 15% of contested wills involve witnessing irregularities, with resolution costs averaging $20,000-$50,000. Understanding and following these rules precisely is essential.

Who Can Be a Witness

Suitable Witnesses NOT Suitable Why
Any adult (18+) Beneficiaries of the will Gift to them fails
Friend or neighbour Spouse/partner of a beneficiary Gift to their partner fails
Work colleague Anyone under 18 Not legally competent
Professional (lawyer, doctor, JP) Anyone lacking mental capacity Cannot fulfil legal function
Family member (if not beneficiary) Anyone who can't see you sign Cannot attest to your signing
Bank staff Anyone who is blind Cannot observe signing
Aged care staff (if not beneficiary) Interpreter (in some states) May not be considered independent

Witnessing Procedure: Step-by-Step

Step Action Critical Details Common Errors
1 Gather all parties You + both witnesses, same room ✗ Video call witnessing
2 Verify witness eligibility Adults, not beneficiaries ✗ Spouse of beneficiary
3 You sign first At the foot/end of the will ✗ Signing at top or middle
4 Both witnesses watch They must SEE you sign ✗ Looking away momentarily
5 First witness signs While you + other witness watch ✗ Signing in another room
6 Second witness signs While you + first witness watch ✗ Signing the next day
7 Add details Name, address, occupation ✗ Just initials
8 Date the document Same date for all signatures ✗ Different dates

Critical Rule: All three signatures must occur in the same "ceremony" with all parties present throughout. Witnesses leaving the room momentarily, signing at different times, or not actually watching you sign can all invalidate the will.

State-by-State Witnessing Requirements

State/Territory Legislation Witnesses Required Beneficiary as Witness Court Dispensing Power
NSW Succession Act 2006 ss6-10 2 adults Gift fails (s10) Yes, s8
VIC Wills Act 1997 ss7-11 2 adults Not void, gift preserved (s11) Yes, s9
QLD Succession Act 1981 ss10-17 2 adults Gift fails (s16) Yes, s18
SA Succession Act 2023 (SA) 2 adults Not void, gift preserved (Succession Act 2023 s13) Limited
WA Wills Act 1970 ss8-12 2 adults Not void, gift preserved (s12) Yes, s32
TAS Wills Act 2008 ss8-14 2 adults Gift fails (s12) Yes, s10
ACT Wills Act 1968 ss9-12 2 adults Not void, gift preserved (s15) Yes, s11A
NT Wills Act 2000 ss8-13 2 adults Gift fails (s12) Yes, s10

What If a Witness Is a Beneficiary?

In several Australian states (notably NSW, QLD, TAS and NT), if a beneficiary (or their spouse/partner) witnesses the will, the gift to that person fails, though the rest of the will remains valid and a court may grant relief. Victoria (Wills Act 1997 s11), South Australia (Succession Act 2023 s13), the ACT (Wills Act 1968 s15) and WA (Wills Act 1970 s12) are exceptions, where the gift is not void. Because the rules vary by state, using independent witnesses is the safest approach.

State/Territory Legislation Effect Can Court Save the Gift?
NSW s10 Succession Act 2006 Gift to witness fails Yes, if court satisfied no improper influence
VIC s11 Wills Act 1997 Not void, gift preserved n/a, gift is valid
QLD s16 Succession Act 1981 Gift to witness fails Yes, application to Supreme Court
SA s13 Succession Act 2023 Not void, gift preserved n/a, gift is valid
WA s12 Wills Act 1970 Not void, gift preserved (independent witnesses still recommended) n/a, gift is valid
TAS s12 Wills Act 2008 Gift to witness fails Yes, application to court
ACT s15 Wills Act 1968 Not void, gift preserved (independent witnesses still recommended) n/a, gift is valid
NT s12 Wills Act 2000 Gift to witness fails Yes, application to court

Case Study: The $180,000 Witnessing Error

Background: Margaret (72, NSW) made her will leaving $180,000 to her carer, Susan. Susan's husband David witnessed the will alongside a neighbour, neither party realised David's status as Susan's spouse would affect the gift.

The Result:

  • David was treated as a beneficiary (as Susan's spouse)
  • Susan's $180,000 gift was automatically void under s10 Succession Act 2006 (NSW)
  • The $180,000 fell into residue, passing to Margaret's estranged nephew
  • Susan's court application to validate the gift cost $35,000 and took 8 months
  • The court ultimately denied the application due to Susan's position of influence as carer

The Lesson: Always choose witnesses with NO connection to any beneficiary. When in doubt, use professionals (lawyer, JP, bank staff) who have no personal interest.

Remote Witnessing Rules (Post-COVID)

Some states now allow remote witnessing under specific conditions:

State Remote Witnessing Requirements Permanent/Temporary
NSW Yes (limited) Audio-visual link, special procedures Permanent
VIC Yes (limited) Audio-visual link, pandemic provisions Extended provisions
QLD Yes (limited) Special pandemic provisions, JP/lawyer attestation Limited circumstances
SA No Must be in person N/A
WA No Must be in person N/A
TAS No Must be in person N/A
ACT Yes (limited) Audio-visual link provisions Some permanent
NT No Must be in person N/A

Recommendation: Even where remote witnessing is permitted, in-person witnessing is always preferred as it's universally accepted and avoids any potential challenge to validity.

How to Properly Revoke a Will

Understanding revocation is critical, improper revocation is the second most common cause of will-related litigation after witnessing errors. Approximately 12% of contested estates involve revocation disputes, with average legal costs of $30,000-$70,000.

Valid Revocation Methods: All Eight States

Method How It Works Recommended? States Recognising
New will with revocation clause New will explicitly states "I revoke all previous wills and codicils" ✓ Highly recommended All 8
Physical destruction Burn, tear, shred with intent to revoke ✓ With caution All 8
Marriage Automatically revokes prior wills (unless in contemplation) Automatic All 8
Written declaration Separate formal document declaring revocation, properly witnessed Rarely used All 8
Later will revoking by implication New will wholly inconsistent with old (not recommended) ✗ Risky All 8 (but risky)

State-by-State Revocation Legislation

State/Territory Legislation Revocation Section Key Provisions
NSW Succession Act 2006 s11 New will, destruction, marriage
VIC Wills Act 1997 s12 New will, destruction, marriage
QLD Succession Act 1981 ss16-17 New will, destruction, marriage
SA Succession Act 2023 (SA) New will, destruction, marriage, divorce
WA Wills Act 1970 ss14-15 New will, destruction, marriage
TAS Wills Act 2008 ss17-19 New will, destruction, marriage
ACT Wills Act 1968 s21 New will, destruction, marriage
NT Wills Act 2000 ss15-16 New will, destruction, marriage

What Does NOT Revoke a Will

Action Why It Fails Legal Consequence
Crossing out text Not a valid form of revocation May invalidate altered provisions but not entire will
Writing "cancelled" on will Ambiguous, not proper revocation Court may need to determine intent
New will without revocation clause Both wills may apply where provisions are consistent Confusion, litigation
Verbal statement Must be in writing or by destruction No legal effect
Losing the will Lost will can still be proved from copies Estate may need to prove contents
Giving will to someone Custody change ≠ revocation Will remains valid
Separation from spouse NOT automatic revocation Will remains fully valid
Divorce Only partial revocation (ex-spouse provisions) Rest of will remains valid
Storing will in drawer Merely having possession doesn't revoke Will remains valid
Intention without action Must be evidenced by destruction or new will No legal effect

Physical Destruction Requirements

For destruction to constitute valid revocation, two elements must be present:

  1. Physical act of destruction (burning, tearing, shredding)
  2. Intention to revoke (not accidental destruction)
Destruction Method Valid? Notes
Burning completely ✓ Yes Must be intentional, not accidental
Tearing into pieces ✓ Yes Multiple pieces, not just one tear
Shredding ✓ Yes Cross-cut preferred for thoroughness
Crossing out signature Varies Some courts accept, others don't, avoid
Water damage ✗ No Unless intentional and complete
Accidental fire/flood ✗ No Lacks intention
Destruction by another person Maybe Only if done in your presence and at your direction

Case Study: The "Destroyed" Will That Wasn't

Background: Harold (81, QLD) told his family he had "torn up" his 2018 will that left his $650,000 estate equally to his three children. He said he wanted to leave everything to his daughter Grace who cared for him. He never made a new will.

After Harold's death:

  • No intact 2018 will was found
  • But a photocopy of the 2018 will was found in his papers
  • Grace claimed the will was revoked by destruction
  • The other two children claimed Harold still had capacity issues and the "destruction" wasn't valid revocation

The Result:

  • Estate spent $45,000 in legal fees over 12 months
  • Court found the photocopy could prove the will's contents
  • Without clear evidence of destruction with intent, the 2018 will was probated
  • Estate distributed equally to all three children, not as Harold verbally intended

The Lesson: Never rely on destruction alone. ALWAYS make a new will with a clear revocation clause if you want to change your testamentary wishes.

Best Practice Revocation Process

Step Action Why Essential
1 Execute new will with revocation clause Creates clear legal record
2 Ensure new will is properly witnessed New will must be valid to take effect
3 Store new will safely Must be findable after death
4 THEN physically destroy old will Only after new will is complete
5 Destroy ALL copies of old will Copies can be used to prove revoked will
6 Mark any remaining copies "REVOKED - [date]" If destruction not possible
7 Notify executor of new will location They need to find the right will
8 Update any will registry records If previously registered

Sample Revocation Clause

Standard Revocation (Recommended):

I revoke all former wills and testamentary dispositions made by me
and declare this to be my last will.

Explicit Revocation (Extra Clear):

I, [FULL NAME], hereby revoke all wills, codicils, and testamentary
dispositions previously made by me, including but not limited to:
- My will dated [DATE] prepared by [LAWYER/SELF]
- Any codicils thereto
and I declare this to be my last will and testament.

What If the Original Will Can't Be Found?

If you can't locate your original will:

Scenario Presumption What Happens
Will last known in your possession Presumed revoked If can't be found, assumed destroyed
Will held by lawyer/trustee NOT presumed revoked Copy can usually prove contents
Photocopy exists Will can be proved Court may accept copy as evidence
No copy exists Estate may pass intestate Or contents proved by other evidence

Action Required: If you cannot find your original will but do NOT intend to revoke it, make a new will immediately. Don't leave your estate in uncertainty.

Common Mistakes to Avoid

These five mistakes account for approximately 75% of all will update errors that lead to litigation. Each is entirely preventable with proper knowledge and process.

Mistake 1: Writing on Your Will

The Error: Attempting to change a will by crossing out, adding text, or making annotations directly on the signed document.

Action Consequence Cost of Error
Crossing out beneficiary names May invalidate that provision or entire will $15,000-$50,000 litigation
Adding text between lines Changes are invalid Court application required
Using correction fluid Document integrity compromised May invalidate entire will
Writing in margins Not valid amendments Confusion, potential challenge
Initialling changes Does NOT validate amendments Changes still invalid
Attaching sticky notes Not part of will Completely ignored

Case Study: The Crossed-Out Son

Background: Dorothy (77, SA) had a falling out with her son Mark after discovering he had gambling debts. She took her will and crossed out Mark's name as a beneficiary, writing her daughter's name above it. She also crossed out "$100,000" for Mark and wrote "$0".

After Dorothy died:

  • The will's alterations were invalid, made after execution without witnesses
  • Mark argued the original provisions should apply
  • Dorothy's daughter argued the crossings-out showed Dorothy's intent
  • Court ruled the alterations were invalid, but the underlying provisions were also now unclear
  • Estate spent $67,000 and 18 months determining how to interpret the damaged will
  • Final distribution: Different from both the original will AND Dorothy's actual intentions

The Solution: Never alter a signed will. Make a codicil (for minor changes) or new will (recommended).

Mistake 2: Improper Witnessing

The Error: Failing to follow witnessing requirements precisely, even in minor details.

Error Consequence How Common
Only one witness Will completely invalid 5% of DIY wills
Witnesses not present together Will may be invalid 12% of DIY wills
Witness is beneficiary Gift to that witness fails 8% of DIY wills
Witness didn't see signing Will may be challenged 15% of cases
Witnesses signed at different times Will may be invalid 10% of DIY wills
Witness details incomplete Makes proving will harder 25% of DIY wills

Case Study: The Kitchen Witness

Background: Thomas (68, WA) typed his new will and asked his wife Mary to witness it. Mary was not a beneficiary, their adult children were. Thomas signed while Mary watched. Then Thomas asked his neighbour Steve to "also sign as witness." Steve signed in the hallway after Thomas and Mary had left the kitchen.

After Thomas died:

  • Mary was present when Thomas signed, but Steve was not
  • Steve did not witness Thomas's signature, he only saw the document afterwards
  • The will failed the "both witnesses present together, watching the testator sign" requirement
  • $42,000 in legal fees to apply to court to validate the will
  • Court ultimately validated, but only after 14 months and significant family stress

The Solution: ALWAYS have both witnesses present together, watching you sign, then signing in your presence and each other's presence.

Mistake 3: Forgetting Revocation Clause

The Error: Making a new will without including an explicit revocation clause.

Scenario Consequence Resolution Cost
New will without revocation clause Both wills may apply where consistent $20,000-$60,000 interpretation
Multiple valid wills Which provisions apply? Court determination
Inconsistent provisions Which will prevails? Litigation required
Later will consistent with earlier Both may be probated together Administrative complexity

Case Study: The Two Wills Problem

Background: Patricia (65, NSW) made a will in 2019 leaving her estate to her three children equally. In 2023, she made a new will with the same children but different percentages (40% to eldest, 30% to each of the younger two). She didn't include a revocation clause in the 2023 will.

After Patricia died:

  • Both wills were found, both properly executed
  • The 2023 will didn't expressly revoke the 2019 will
  • Children disputed which distributions applied
  • Some provisions were consistent, others weren't
  • Court had to determine: revocation by implication? Or both wills valid?
  • Estate spent $38,000 over 9 months resolving the issue
  • Final ruling: 2023 will prevailed (later in time, wholly inconsistent), but outcome was uncertain until then

The Solution: ALWAYS include: "I revoke all former wills and testamentary dispositions made by me and declare this to be my last will."

Mistake 4: Not Destroying Old Will

The Error: Keeping the old will (or copies) after making a new one, creating confusion about which will applies.

Problem Consequence Risk Level
Old will found after death May be submitted for probate by different family member High
Multiple wills create confusion Litigation over which is "last" High
Copies retained by others Can be used to prove revoked will Medium
Electronic copies remain Evidence of prior intentions Medium

Case Study: The Drawer Will

Background: Anthony (59, VIC) made a new will in 2022 revoking his 2018 will and leaving his $1.1 million estate primarily to his new partner Diane rather than equally to his children. He stored the 2022 will with his lawyer but forgot his 2018 will was still in his desk drawer at home.

After Anthony died:

  • Children found the 2018 will first and submitted it for probate
  • Diane discovered the 2022 will with the lawyer
  • Both wills submitted to court, creating "caveat" situation
  • Children argued the 2018 will was "the real will" (Anthony stored it carefully)
  • Estate spent $55,000 in litigation before 2022 will was confirmed as valid
  • Diane received the estate, but 11 months later than necessary

The Solution: After your new will is properly executed and stored, physically destroy the old will and ALL copies. Mark any copies you can't destroy "REVOKED - [date] - Superseded by will dated [new date]."

Mistake 5: Not Updating After Separation

The Error: Assuming that separating from your spouse automatically changes your will. It does not.

Assumption Reality Consequence
"We're separated so the will is void" Will remains completely valid Separated spouse inherits
"Divorce is pending, will changes" Will unchanged until decree absolute Separated spouse still executor
"It's obvious I don't want them to inherit" Courts apply will as written Estate passes to estranged spouse
"I'll update after divorce finalises" Many separations take 2+ years Risk during waiting period

Case Study: The Separated Spouse (Featured Earlier)

Recall Richard's case from earlier: Separated but not divorced from Sarah in 2019, began relationship with Jennifer in 2020, never updated his will. Died in 2024, Sarah inherited his $1.2 million estate under the 2015 will. Jennifer's family provision claim resulted in $78,000 in legal fees over 14 months. Richard's actual wishes were never fully implemented.

Additional Statistics:

  • Average time from separation to divorce in Australia: 2.7 years
  • Percentage of separated couples who never divorce: ~15%
  • Percentage of separated people with outdated wills: Estimated 60-70%

The Solution: Update your will immediately upon separation, the same week if possible. Don't wait for divorce proceedings. You can always update again later if circumstances change.

Summary: Five Mistakes That Cost Australians Millions

Mistake % of Will Disputes Average Cost Prevention Time
Writing on will 18% $40,000-$70,000 1 hour (make new will)
Improper witnessing 25% $25,000-$50,000 10 minutes (proper procedure)
No revocation clause 15% $30,000-$60,000 2 minutes (add clause)
Not destroying old will 12% $30,000-$55,000 5 minutes (physical destruction)
Not updating after separation 22% $50,000-$100,000+ 1-2 hours (new will)

State-Specific Rules

Each Australian state and territory has its own wills legislation. While the core requirements are similar across all jurisdictions, there are important differences that can affect your will's validity. Here is a comprehensive guide to all eight jurisdictions.

New South Wales

Aspect NSW Rule
Legislation Succession Act 2006
Witnessing Two adults, not beneficiaries (ss 6-10)
Marriage revocation s12 – marriage revokes will
Divorce effect s13 – revokes ex-spouse provisions (treated as if predeceased)
Revocation methods s11 – new will, destruction with intent, marriage
Electronic wills Remote witnessing permitted with special procedures
Informal wills Court can validate under s8 (dispensing power)
Family provision Chapter 3 – Eligible persons can claim
Probate registry Supreme Court of NSW
Contact LawAccess NSW – 1300 888 529

Victoria

Aspect VIC Rule
Legislation Wills Act 1997
Witnessing Two adults; a gift to a beneficiary-witness is NOT void (s11)
Marriage revocation s13 – marriage revokes will
Divorce effect s14 – revokes ex-spouse provisions
Revocation methods s12 – new will, destruction, marriage
Electronic wills Limited provisions, COVID-era extensions ongoing
Informal wills Court discretion to validate under s9
Family provision Part IV, Administration and Probate Act 1958
Probate registry Supreme Court of Victoria
Contact Victoria Legal Aid – 1300 792 387

Queensland

Aspect QLD Rule
Legislation Succession Act 1981
Witnessing Two adults, beneficiary witness gift fails (ss 10-17)
Marriage revocation s14 – marriage revokes will
Divorce effect s15 – revokes ex-spouse provisions
Revocation methods ss 16-17 – new will, destruction, marriage
Electronic wills Limited pandemic provisions
Informal wills Court can validate under s18 (strongest in Australia)
Family provision Part 4 – Eligible persons can claim
Probate registry Supreme Court of Queensland
Contact Legal Aid Queensland – 1300 651 188

South Australia

Aspect SA Rule
Legislation Succession Act 2023 (SA)
Witnessing Two adults, gift to witness fails (ss 8-13)
Marriage revocation Marriage revokes will
Divorce effect Revokes ex-spouse provisions
Revocation methods New will, destruction, marriage
Electronic wills Must be in person (no remote witnessing)
Informal wills Limited dispensing power
Family provision Succession Act 2023 (SA) (replaced Inheritance (Family Provision) Act 1972 from 1 Jan 2025)
Probate registry Supreme Court of South Australia
Contact Legal Services Commission SA – 1300 366 424

Western Australia

Aspect WA Rule
Legislation Wills Act 1970
Witnessing Two adults; a gift to a beneficiary-witness is NOT void (s12)
Marriage revocation s14 – marriage revokes will
Divorce effect s14A – revokes ex-spouse provisions
Revocation methods ss 14-15 – new will, destruction, marriage
Electronic wills Must be in person (no remote witnessing)
Informal wills Court can validate under s32
Family provision Family Provision Act 1972
Probate registry Supreme Court of Western Australia
Contact Legal Aid WA – 1300 650 579

Tasmania

Aspect TAS Rule
Legislation Wills Act 2008
Witnessing Two adults, gift to witness fails (ss 8-14)
Marriage revocation s16 – marriage revokes will
Divorce effect s17 – revokes ex-spouse provisions (treated as if predeceased)
Revocation methods ss 17-19 – new will, destruction, marriage
Electronic wills Must be in person (no remote witnessing)
Informal wills Court can validate under s10
Family provision Testator's Family Maintenance Act 1912
Probate registry Supreme Court of Tasmania
Contact Legal Aid Commission Tasmania – 1300 366 611

Australian Capital Territory

Aspect ACT Rule
Legislation Wills Act 1968
Witnessing Two adults; a gift to a beneficiary-witness is NOT void (s15)
Marriage revocation s20 – marriage revokes will
Divorce effect s20A – revokes ex-spouse provisions
Revocation methods s21 – new will, destruction, marriage
Electronic wills Some audio-visual link provisions (s11A)
Informal wills Court can validate under s11A
Family provision Family Provision Act 1969
Probate registry ACT Supreme Court
Contact Legal Aid ACT – (02) 6243 3411

Northern Territory

Aspect NT Rule
Legislation Wills Act 2000
Witnessing Two adults, gift to witness fails (ss 8-13)
Marriage revocation s14 – marriage revokes will
Divorce effect s15 – revokes ex-spouse provisions
Revocation methods ss 15-16 – new will, destruction, marriage
Electronic wills Must be in person (no remote witnessing)
Informal wills Court can validate under s10
Family provision Family Provision Act 1970
Probate registry Supreme Court of the Northern Territory
Contact NT Legal Aid Commission – 1800 019 343

Key Differences Between States

Issue States with Notable Rules Key Difference
Informal wills QLD most liberal QLD validates more "informal" documents than other states
Electronic wills NSW most advanced NSW has permanent electronic witnessing provisions
Family provision All states differ Eligible claimants and court discretion vary
Witness requirements All similar Minor differences in dispensing powers
De facto recognition All recognise Definitions and periods vary

Moving Between States

If you move interstate, your will remains valid if it was valid where made. However, consider making a new will because:

Reason Explanation
Family provision differences Eligible claimants vary between states
Executor powers Administrative rules differ
Probate costs State fees vary significantly
Local understanding Local executor may struggle with interstate will
Professional storage Easier with local lawyer

Recommendation: If you permanently relocate to a new state, make a new will within 6 months that references your new state's legislation and is stored locally.

Update Checklist

Use this comprehensive checklist to ensure your will update is legally valid and properly documented. Studies show that following a structured checklist reduces will update errors by 85%.

Phase 1: Preparation (Before Making Changes)

Step Action Why It Matters Time Required
Locate original will Must reference exact date and provisions 5-30 minutes
Find all codicils Need complete picture of current intentions 5-15 minutes
Review all provisions Ensure nothing overlooked 30-60 minutes
List what needs changing Clear scope prevents missed updates 15-30 minutes
Assess change complexity Determines codicil vs new will 10 minutes
Gather updated information Addresses, assets, values, beneficiary details 30-60 minutes
Identify suitable witnesses Must be independent adults, available together 10 minutes
Check state requirements Ensure compliance with your jurisdiction 15 minutes

Phase 2A: Codicil Process (For Minor Changes)

Step Action Critical Detail Verification
Draft codicil heading Reference will date exactly as written Check will for exact date format
State specific changes Use clear, unambiguous language Read aloud to verify clarity
Confirm unchanged provisions "All other provisions remain in full force" Include explicit confirmation
Add signature line and date Sign at end after all content Leave space for witnesses
Arrange witnessing Two independent adults, present simultaneously Neither witness is a beneficiary
Execute codicil All parties present, watch each other sign Follow state requirements exactly
Attach to original will Store together, clearly labelled Keep in same location
Notify executor Provide copy and location details Get written acknowledgment

Phase 2B: New Will Process (For Major Changes)

Step Action Critical Detail Verification
Draft new will Complete document with all current wishes Include all assets and beneficiaries
Include revocation clause "I revoke all former wills and codicils" Use explicit language
Verify all provisions current Check names, addresses, relationships Cross-reference with preparation list
Add signature page Standard attestation clause Check state requirements
Arrange witnessing Two independent adults, present simultaneously Neither witness is a beneficiary
Execute new will All parties present, watch each other sign Follow state requirements exactly
Store new will safely Fireproof location, executor knows location Consider lawyer storage or court registry
Destroy old will physically Tear, shred, or burn completely Destroy ALL pages
Destroy all old copies Prevent confusion about current will Check all storage locations
Notify executor Provide copy and new storage location Get written acknowledgment

Phase 3: Post-Update Verification

Step Action Why It Matters Recommended Timing
Keep copy in separate location Backup if original lost Within 24 hours
Update will register Helps locate will after death Within 7 days
Review beneficiary nominations Super, life insurance may need separate update Within 14 days
Update enduring documents Power of attorney, medical directive Within 30 days
Schedule next review Set calendar reminder for annual review Immediately

Checklist Summary Card

Print this card and keep with your will:

WILL UPDATE RECORD

Will-maker: _________________________________
Original Will Date: _________________________
Update Date: _______________________________
Update Type: ☐ Codicil ☐ New Will
Witnesses:
 1. _________________________ (signature on file)
 2. _________________________ (signature on file)
Executor Notified: ☐ Yes Date: _____________
Storage Location: __________________________
Next Review Due: ___________________________

Common Checklist Oversights

Based on analysis of contested estates, these are the most frequently missed checklist items:

Oversight % of Errors Consequence
Not destroying old will copies 22% Multiple wills create confusion
Forgetting to notify executor 18% Executor may present wrong will
Missing super beneficiary update 35% Super distributed incorrectly
Not updating life insurance 28% Insurance paid to wrong beneficiary
Forgetting annual review 45% Will becomes outdated

When to Seek Professional Help

While many straightforward will updates can be done independently, certain situations require professional legal assistance. According to the Law Council of Australia, approximately 40% of will updates involve complexities that benefit from legal advice, but only 15% of Australians seek it.

Professional Help Decision Matrix

Situation Risk Level Self-Update? Recommended Action
Simple beneficiary change Low ✅ Yes DIY codicil or new will
Executor change only Low ✅ Yes DIY codicil or new will
Asset value update Low ✅ Yes DIY codicil
New child or grandchild Medium ⚠️ Caution Consider professional advice
Marriage or relationship Medium ⚠️ Caution New will recommended
Separation or divorce High ❌ No Professional advice essential
Blended family High ❌ No Specialist family lawyer
Business assets High ❌ No Estate planning lawyer
Assets over $2M High ❌ No Tax and estate specialist
International assets Very High ❌ No International estate specialist
Testamentary trust needed Very High ❌ No Trust specialist lawyer

Situations Requiring Professional Advice

Family Complexity Situations

Situation Why Professional Help Essential Typical Lawyer Cost
Blended family Risk of family provision claims from stepchildren or former partner's children; need defensive drafting $1,500-$4,000
Estranged children Proper family provision protection requires evidence gathering and defensive clauses $2,000-$5,000
Dependent adult child Special needs trusts must be Centrelink-compliant to preserve benefits $2,500-$6,000
Unmarried partner Must establish recognition; not automatic in all states $800-$2,000
Family dispute history Defensive drafting and contemporaneous notes essential $2,000-$5,000

Financial Complexity Situations

Situation Why Professional Help Essential Typical Lawyer Cost
Business succession Business structures (trusts, companies) require careful planning; CGT implications $3,000-$10,000+
Investment properties Land titles, mortgage discharge, CGT considerations $1,500-$3,500
Self-managed super fund SMSF death benefit nominations interact with will $2,000-$5,000
Family trust Appointor and guardian roles; succession planning $3,000-$8,000
High net worth (>$2M) Tax planning, asset protection, generation skipping $5,000-$15,000+
International assets Foreign will may be needed; cross-border tax implications $5,000-$20,000+

Case Study: The $250,000 DIY Disaster

Background: Brian (67, NSW) had a blended family, three children from his first marriage and two stepchildren. His estate was worth $1.8 million. He used an online will-maker to create his own will, leaving everything to his second wife Margaret.

The Problem:

  • Brian didn't understand that his biological children could make family provision claims
  • He didn't include any explanation of his reasoning
  • He didn't create a testamentary trust to protect Margaret's inheritance
  • He didn't update his SMSF death benefit nomination

The Result:

  • After Brian's death, his three children made family provision claims
  • Margaret spent $95,000 defending the estate
  • The court awarded Brian's children $280,000 combined
  • Legal fees for all parties exceeded $250,000
  • Estate distribution took 3 years instead of 6 months

What Professional Help Would Have Cost: $4,000-$6,000 for proper estate planning

What Professional Help Would Have Provided:

  • Proper family provision protection strategy
  • Testamentary trust protecting Margaret's inheritance
  • Evidence file documenting Brian's reasoning
  • Correct SMSF death benefit nomination
  • Estimated savings: $400,000+ and 2.5 years

Finding the Right Professional

Professional Type When to Use How to Find Typical Cost
General solicitor Simple family situations Law Society referral $400-$1,500
Estate planning lawyer Complex assets or family Specialist accreditation $1,500-$5,000
Family provision specialist Blended families, disputes TEP designation $3,000-$10,000
Business succession lawyer Business assets Commercial law firm $5,000-$15,000+
International estate lawyer Overseas assets Specialist firms only $10,000-$30,000+

State Law Societies and Referral Services

State Referral Service Contact
NSW Law Society of NSW lawsociety.com.au – (02) 9926 0333
VIC Law Institute of Victoria liv.asn.au – (03) 9607 9311
QLD Queensland Law Society qls.com.au – (07) 3842 5842
SA Law Society of SA lawsocietysa.asn.au – (08) 8229 0200
WA Law Society of WA lawsocietywa.asn.au – (08) 9324 8600
TAS Law Society of Tasmania taslawsociety.asn.au – (03) 6234 4133
ACT ACT Law Society actlawsociety.asn.au – (02) 6274 0300
NT Law Society NT lawsocietynt.asn.au – (08) 8981 5104

Questions to Ask a Lawyer

Before your appointment, prepare these questions:

Question Why It Matters
"What's your experience with [your situation]?" Ensures relevant expertise
"What's the total cost, including disbursements?" Avoid surprise fees
"How long will the process take?" Set realistic expectations
"What documents should I bring?" Maximise appointment efficiency
"Do you offer a fixed fee?" Better cost certainty
"Will you store my will?" Storage options and costs
"What's your approach to family provision risk?" Tests expertise in your area

Legislation and Official Resources

Will-making in Australia is governed by each state and territory's own succession legislation. The core statutes include:

Because requirements differ between states and are amended over time, always confirm the current rules for your state, or seek advice from a qualified legal professional.

Understanding how to update your will connects to many other aspects of estate planning. These guides provide deeper coverage of related topics:

Update-Specific Guides

Guide What It Covers When to Read
Codicil vs New Will Choosing between amendment and replacement Before deciding your update approach
Revoking or Cancelling a Will Proper revocation methods and requirements When replacing an existing will
Will Requirements Australia Validity requirements across all states Before making any will changes
Will Witnesses Requirements Witness eligibility and procedures Before executing changes

Life Event Guides

Guide What It Covers When to Read
Divorce Impact on Wills How separation affects your will After relationship breakdown
Blended Family Will Planning Complex family estate planning Remarriage or stepchildren
Minor Children Guardianship Appointing guardians for children New children or guardian changes

Estate Administration Guides

Guide What It Covers When to Read
Will Executor Role Executor duties and responsibilities Changing executor provisions
What Happens Without a Will Intestacy consequences Understanding why wills matter
Online Wills vs Lawyer DIY vs professional options Choosing update method

Further Resources

Official Government Resources by State

New South Wales

Resource Description Contact
LawAccess NSW Free legal information and referrals 1300 888 529
NSW Trustee & Guardian Will-making and storage services 1300 360 466
Legal Aid NSW Free legal services for eligible 1300 888 529
NSW Supreme Court – Probate Probate registry and forms (02) 9230 8111

Victoria

Resource Description Contact
Victoria Legal Aid Free legal information and services 1300 792 387
State Trustees Victoria Will-making and administration 1300 138 672
Supreme Court of Victoria Probate registry and forms (03) 9603 9300
Victorian Law Foundation Community legal education (03) 9604 8100

Queensland

Resource Description Contact
Queensland Government – Wills Official will information 13 QGOV (13 74 68)
Legal Aid Queensland Free legal services 1300 651 188
Public Trustee of Queensland Will-making and storage 1300 360 044
Supreme Court of Queensland Probate registry (07) 3247 4313

South Australia

Resource Description Contact
Legal Services Commission SA Free legal information and services 1300 366 424
Public Trustee SA Will-making and estate services (08) 8226 9200
Supreme Court of SA Probate registry and forms (08) 8204 0289
Law Society of SA Lawyer referral service (08) 8229 0200

Western Australia

Resource Description Contact
Legal Aid WA Free legal services 1300 650 579
Public Trustee WA Will-making and storage 1300 746 116
Supreme Court of WA Probate registry (08) 9421 5333
Citizens Advice Bureau WA Free community legal advice (08) 9221 5711

Tasmania

Resource Description Contact
Legal Aid Commission of Tasmania Free legal services 1300 366 611
Public Trustee Tasmania Will-making services 1800 068 784
Supreme Court of Tasmania Probate registry (03) 6165 4854
Community Legal Centres Tasmania Free community legal help Various

Australian Capital Territory

Resource Description Contact
Legal Aid ACT Free legal services (02) 6243 3411
ACT Public Trustee and Guardian Will-making services (02) 6207 9800
ACT Supreme Court Probate registry (02) 6207 1703
ACT Law Society Lawyer referral (02) 6274 0300

Northern Territory

Resource Description Contact
NT Legal Aid Commission Free legal services 1800 019 343
Public Trustee NT Will-making services (08) 8999 7271
Supreme Court of the NT Probate registry (08) 8999 6551
Darwin Community Legal Service Free community legal help (08) 8982 1111

National Resources

Resource Description Use For
Australian Government – End of Life Official government information General estate planning information
Law Council of Australia National law body Finding specialist lawyers
STEP Australia Estate planning professionals Finding TEP-qualified advisers
Financial Planning Association Financial advisers Estate and financial planning integration

Educational Resources

Resource Type Best For
Moneysmart – Estate Planning Government website Financial aspects of wills
Seniors Rights Victoria Advocacy group Elder law and will abuse
ASIC – Superannuation and Death Regulator Super death benefit nominations

Getting Started with WillBuddy

Keeping your will current doesn't have to be complicated. WillBuddy's guided process helps Australians maintain up-to-date wills with confidence.

What WillBuddy Offers

Feature How It Helps
Guided update assessment Determines if you need a codicil or new will
State-specific compliance Ensures your will meets your jurisdiction's requirements
Proper revocation clauses Automatically includes standard revocation language
Witnessing guidance Step-by-step instructions for valid execution
Secure storage reminders Prompts to properly store and register your will
Review reminders Annual review notifications to keep your will current

Who WillBuddy Is Right For

Good fit:

  • Straightforward family situations
  • Standard asset distributions
  • Single-state assets
  • No complex tax planning needs
  • Simple executor arrangements

⚠️ May need additional professional advice:

  • Blended families (use WillBuddy + lawyer review)
  • Business assets (consult business succession lawyer)
  • High-value estates over $2M (tax planning specialist recommended)
  • International assets (international estate lawyer needed)

Start Your Will Update

WillBuddy guides you through identifying what's changed, making the right choice between codicil and new will, and ensuring proper execution.

Update Your Will Now →

Takes approximately 20-30 minutes | Valid in all Australian states

Last updated: November 2025. This guide provides general information about updating wills in Australia. It is not legal advice. For complex situations, consult a qualified legal professional in your state.

Reviewed and current as at 12 June 2026.

This article is general information only and is not legal advice. Laws change over time and vary between Australian states and territories, so always confirm the current position and consider advice from a qualified legal professional for your specific circumstances.