How to Update or Change Your Will in Australia After Marriage, a Baby or Separation

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 Life changes, marriage, children, divorce, property purchases, deaths in the family, can make your existing will outdated or even counterproductive to your intentions.

The cost of not updating: An outdated will can send your estate to people you no longer intend to benefit, leave out people you now want to provide for, and increase the chance of family disputes.

When to Update Your Will

Understanding when to update your will is crucial, because life changes can quickly make a will out of date. Here's a comprehensive guide to update triggers.

Life Events Requiring Immediate Updates

The Will Update Timeline

Example: The Outdated Will

For example, suppose a person makes a will leaving everything to their spouse, then separates but never divorces and never updates the will. Separation does not change a will, so the separated spouse can still inherit under it, even if the will-maker had since formed a new relationship. A new partner or estranged children may then need to consider a family provision claim, which takes time and money and may not produce the result the will-maker actually wanted.

What should happen: Make a new will as soon as you separate, and update it again when a new relationship becomes established.

What Can Go Wrong If You Don't Update

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 generally revokes previous wills, except that:

• A will made "in contemplation of" a particular marriage is generally not revoked by that marriage (in NSW, VIC, QLD, TAS and NT this need not be stated in the will; in WA the will must say so or other evidence must show it; in SA and the ACT it must be expressly stated)
• In NSW, VIC, QLD, TAS and NT, a will expressed to be made in contemplation of marriage generally is not revoked by a later marriage (NSW s12, VIC s13, QLD s14, TAS s16, NT s14)
• In NSW, VIC, QLD, TAS and NT, a gift to the person you are married to when you die, and their appointment as executor, trustee or guardian, survive the marriage

The details differ, so check the guide for your state, for example How to Make a Will in Western Australia or How to Make a Will in South Australia.

Critical Warning: If you get married and don't make a new will, your old will is revoked, so you may die wholly or partly intestate and your estate is distributed according to intestacy rules, not your wishes. (In NSW, VIC, QLD, TAS and NT, a gift in the old will to the person you marry, and their appointment as executor, generally survive the marriage.)

Divorce Partially Revokes Your Will

In most states, divorce automatically revokes provisions relating to your former spouse, but the rest of your will remains valid. Western Australia is different: there, divorce generally revokes the whole will unless a contrary intention appears (Wills Act 1970 (WA) s14A; see How to Make a Will in Western Australia).

State-by-State Divorce Effects:

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

This is critical to understand: Separating from your spouse does NOT change your will in ANY Australian jurisdiction:

Real-World Impact: Not every separation proceeds to divorce. A 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, because a separation can last a long time.

Two Methods for Updating Your Will

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

Important: The cost difference between a codicil and a new will is usually small, but a problematic codicil can lead to confusion or disputes.

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 most cases, a new will is the better choice than a codicil.

When to Use a Codicil

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

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

The New Will Rule of Thumb

In most situations where someone considers a codicil, a new will is the better choice.

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 the small saving 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

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:

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 [number]) 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.

Execution Procedure

Step 4: Store Properly

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

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

Beneficiary and Executor Information

Step 2: Draft the New Will

A well-drafted will usually contains these elements:

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

Warning: If a witness does not see you sign, or signs out of your sight, the will may be invalid. Witnesses signing out of each other's sight is only a legal defect in the ACT, but it is best avoided everywhere.

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

Destruction Methods

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

Witnessing mistakes can put a will's validity in doubt. Understanding and following these rules precisely is essential.

Who Can Be a Witness

Witnessing Procedure: Step-by-Step

Critical Rule: Your signature must be made or acknowledged with both witnesses present, and each witness must sign in your presence. A witness not actually watching you sign, or signing out of your sight, can invalidate the will. Best practice is one "ceremony" with all parties present throughout (the ACT also requires witnesses to sign in each other's presence).

State-by-State Witnessing Requirements

No Act sets a minimum age for witnesses, but independent adults are the safest choice.

What If a Witness Is a Beneficiary?

In several Australian states (notably NSW, QLD, TAS and NT), if a beneficiary witnesses the will, the gift to that person can fail, though the rest of the will remains valid, exceptions apply (for example, two other independent witnesses) 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 (whose current Wills Act has no such rule) are exceptions, where the gift is not void. Because the rules vary by state, using independent witnesses is the safest approach.

Example: A Beneficiary as Witness

For example, suppose a will-maker in NSW leaves a gift to a carer, and the carer is one of the two witnesses. Under s10 of the Succession Act 2006 (NSW), that gift is generally void unless an exception applies (such as the will also being witnessed by two other people who take no benefit) or the court is satisfied the will-maker knew and approved of the gift and made it freely and voluntarily. Otherwise the gift may fall into the residue.

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)

Only Victoria and New South Wales currently have a procedure for witnessing a will remotely:

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, because an unclear revocation can leave doubt about which will applies.

Valid Revocation Methods: All Eight States

State-by-State Revocation Legislation

What Does NOT Revoke a Will

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)

Example: The "Destroyed" Will That Wasn't

For example, suppose a will-maker tells family they have "torn up" their will, but never makes a new one. After death, a copy of the will turns up. Questions can then arise about whether the original was really destroyed with the intention of revoking it, and a copy may be used to prove the will's contents. The estate could be distributed under the old will rather than the will-maker's later spoken wishes, and the family may face a dispute along the way.

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

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:

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 are easy to make. Each is 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.

Example: The Crossed-Out Name

For example, suppose a will-maker falls out with a beneficiary and crosses out that person's name on the signed will, writing another name above it, without any witnesses. The alteration is generally not effective, the original words may now be hard to read, and the family may end up disputing what the will means. The result may match neither the original will nor what the will-maker wanted.

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.

Example: The Kitchen Witness

For example, suppose a will-maker signs a will while one witness watches, and a second witness signs later in another room without having seen the will-maker sign. The will does not meet the requirement that both witnesses be present together when the will-maker signs, so the executor may need to ask the court to accept the will anyway, adding cost, delay and stress for the family.

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.

Example: The Two Wills Problem

For example, suppose a will-maker makes a new will changing the shares their children receive, but the new will does not say it revokes the earlier one. After death, both wills are found. Where the two wills overlap, the family may disagree about which provisions apply, and the question may need to go to court.

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.

Example: The Drawer Will

For example, suppose a will-maker stores a new will with their lawyer but forgets that the old will is still in a desk drawer at home. After death, family members find the old will first and present it for probate, not knowing a later will exists. Working out which will applies can cause delay, cost and family conflict.

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.

Example: The Separated Spouse

As in the example earlier in this guide, a separated spouse can still inherit under a will that was never updated, and anyone else the will-maker wanted to provide for may be left to consider a family provision claim.

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 Costly Mistakes and How to Avoid Them

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

Victoria

Queensland

South Australia

Western Australia

Tasmania

Australian Capital Territory

Northern Territory

Key Differences Between States

Moving Between States

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

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.

Phase 1: Preparation (Before Making Changes)

Phase 2A: Codicil Process (For Minor Changes)

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

Phase 3: Post-Update Verification

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

These checklist items are easy to miss:

When to Seek Professional Help

While many straightforward will updates can be done independently, certain situations call for professional legal assistance.

Professional Help Decision Matrix

Situations Requiring Professional Advice

Family Complexity Situations

Financial Complexity Situations

Example: A Blended Family Without Advice

For example, suppose a will-maker with children from an earlier relationship and a second spouse makes a DIY will leaving everything to the spouse, without advice. The children may be eligible to make family provision claims, the will may not record the will-maker's reasons, and superannuation may pass under a death benefit nomination that no longer fits the plan. A claim can be costly and slow for everyone involved. Advice at the start can help with the structure of the will, whether a testamentary trust suits, and aligning super nominations with the will.

Finding the Right Professional

State Law Societies and Referral Services

Questions to Ask a Lawyer

Before your appointment, prepare these questions:

Legislation and Official Resources

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

• New South Wales: Succession Act 2006 (NSW)
• Victoria: Wills Act 1997 (Vic)
• Queensland: Succession Act 1981 (Qld)
• South Australia: Succession Act 2023 (SA)
• Western Australia: Wills Act 1970 (WA)
• Tasmania: Wills Act 2008 (Tas)
• Australian Capital Territory: Wills Act 1968 (ACT)
• Northern Territory: Wills Act 2000 (NT)

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.

Related Guides

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

Life Event Guides

Estate Administration Guides

Further Resources

Official Government Resources by State

New South Wales

Victoria

Queensland

South Australia

Western Australia

Tasmania

Australian Capital Territory

Northern Territory

National Resources

Educational Resources

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

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 what has changed and drafts a new will with a revocation clause, plus signing instructions so it is executed properly.

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.