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 Life changes, marriage, children, divorce, property purchases, deaths in the family, can make your existing will outdated or even counterproductive to your intentions.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According to research from the Law Council of Australia and state Public Trustees, approximately 45% of wills are outdated at the time of death, leading to unintended distributions, family disputes, and costly litigation. With average Australian estate values exceeding $500,000 (driven largely by property), an outdated will can redirect hundreds of thousands of dollars away from your intended beneficiaries.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| 45% of wills are outdated at death | Law Council of Australia |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:
- Physical act of destruction (burning, tearing, shredding)
- 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:
- 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
| 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.
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.