When most people think about writing a will, they imagine it as a one-time task—something you do once, tick off your list, and forget about. But here’s the truth: a will isn’t a “set-it-and-forget-it” document. As your life changes, so should your will.
Just as we update our home insurance, revise our goals, or move through life’s major milestones, our final wishes deserve the same attention. In this guide, we’ll explore why updating your will is so important, when you should do it, and how it can protect your legacy for the people you care about most.
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What Is a Will?
A will is a legal document that outlines your wishes regarding the distribution of your assets, care of your minor children, appointment of an executor, and other personal matters after your death. It gives you the ability to:
- Name who receives your money, property, and possessions
- Appoint someone you trust to carry out your wishes
- Nominate guardians for your children
- Include gifts to charities or causes close to your heart
Most importantly, it ensures that your voice is heard when you’re no longer here to speak.
Why a Will Is Important—Even for Younger Adults
It’s easy to believe that a will is only necessary later in life. But accidents and illnesses can happen to anyone, at any time. If you’re over 18 and have any assets—or loved ones who depend on you—it’s time to think about creating and regularly updating a will.
Let’s say you’re a 30-year-old professional with a savings account, a car, and a beloved pet. You may not think that qualifies as an “estate,” but to your family, the absence of a will could lead to uncertainty and conflict. Who gets what? Who cares for your pet? Who makes the decisions?
Without a will—or an up-to-date one—those decisions are left to the courts.
What Happens If You Die Without a Will?
Dying without a will is known as dying intestate. In this case, the law determines how your estate is divided, not you. Each Australian state and territory has its own rules, but in general:
- Your spouse or de facto partner may not receive everything
- Your children may inherit assets before your partner
- Estranged relatives might be entitled to part of your estate
- Your children’s guardianship may be decided by the court
- Your funeral arrangements may not reflect your wishes
A well-maintained will avoids these issues and protects your legacy.
The Benefits of Having a Will
Before we dive into why updating your will matters, it helps to understand what having a legal will offers in the first place.
✅ 1. Clear Asset Distribution
You get to control who inherits your money, home, heirlooms, or business. This reduces the risk of disputes among your loved ones.
✅ 2. Family Harmony
With your instructions clearly stated, your family is less likely to face stress or arguments about “what you would have wanted.”
✅ 3. Children’s Guardianship
If you have minor children, you can nominate trusted guardians. Without this, the courts will decide.
✅ 4. Executor Choice
Your will lets you name someone you trust to handle your affairs efficiently and with care.
✅ 5. Legacy Gifts
You can leave specific items or donations to charities, friends, or family members, creating a legacy that lives on.
When Should You Update Your Will?
Creating a will is a great first step—but life doesn’t stand still. Your relationships, finances, and priorities change over time, and your will should reflect that.
Here are the most common triggers that signal it’s time for an update:
📅 1. Marriage or Divorce
Marriage may cancel your previous will unless it states otherwise. Divorce doesn’t automatically remove your ex-spouse from your will in all states. Update your will to reflect your current relationship status and intentions.
👶 2. Birth or Adoption of a Child
Welcoming a child is one of the biggest reasons to update your will. You may want to appoint a guardian, adjust how your estate is divided, or create trusts for their future.
💔 3. Death of a Beneficiary or Executor
If someone you named in your will passes away, you’ll need to remove or replace them.
💼 4. Financial Changes
Whether you sell your home, inherit assets, open a business, or experience a financial setback, it’s important to adjust your will accordingly.
🏡 5. Moving Interstate or Overseas
Laws regarding wills vary between Australian states and countries. If you’ve relocated, have your will reviewed to ensure it complies with local regulations.
🔄 6. Change in Wishes
Perhaps you’ve fallen out with someone, developed new relationships, or want to support a new cause. Your will should evolve with your values.
⏳ 7. Time Has Simply Passed
Even if nothing major has changed, experts recommend reviewing your will every 3 to 5 years. What felt right five years ago might need tweaking now.
Real-Life Example: The Missed Update
Consider David, a father of two who wrote a will at 35, naming his wife as his sole beneficiary and executor. At 50, after divorcing and remarrying, he never updated his will. When he passed unexpectedly, his ex-wife was still legally entitled to his estate under the outdated will. His new partner had to fight through court for support, and his children were left in the middle of an emotional and legal nightmare.
All of this could have been avoided with a simple update.
How to Update Your Will in Australia
There are two ways to update your will:
✏️ 1. Create a New Will
This is the cleanest and most common method. You revoke your old will and create a new one that reflects your current wishes. Always include a statement saying this new will revokes all previous versions.
📄 2. Add a Codicil
A codicil is a separate legal document used to make small amendments (e.g. changing an executor or adding a beneficiary). It must be signed and witnessed in the same way as a will.
For most people, especially after major life changes, writing a new will is safer and more comprehensive.
Where Should You Store Your Updated Will?
Once your updated will is complete, be sure to:
- Store the original in a safe, fireproof location
- Let your executor or a trusted person know where it is
- Consider registering it with a will registry service
- Destroy all outdated versions to avoid confusion
Remember: only the most recent, valid will will be recognised.
What If You Don’t Update It?
An outdated will can cause just as much confusion as having no will at all. It may:
- Name deceased or estranged individuals
- Leave out children or new partners
- Reflect old financial circumstances
- Be challenged in court due to ambiguity
In worst-case scenarios, a judge could determine your will is no longer valid—undoing all your efforts to protect your legacy.
Writing and Updating a Will Doesn’t Have to Be Hard
Thanks to modern technology and legal services, writing or updating a legal will is more accessible than ever:
🔹 Use a Solicitor
Recommended for complex estates or when legal advice is needed.
🔹 Online Will Platforms
Cost-effective and easy-to-use for simple updates or basic wills. Make sure you use a platform that complies with Australian law.
🔹 DIY with Caution
Templates are available, but accuracy is crucial. A minor error could invalidate your will.
Final Thoughts: Take Control of Your Future
Your will is more than a legal formality—it’s a message of care. It says, “I thought of you. I planned for you. I wanted to make things easier for you.”
That’s why updating your will matters. It ensures your current relationships, values, and wishes are honoured. It prevents unnecessary pain, confusion, and conflict for the people you leave behind.
✨ Protect Your Legacy—Start Today
If you’ve already written a will, take a moment to ask yourself:
- Is it up to date?
- Does it reflect my current family, finances, and priorities?
- Would it still carry out my wishes if I passed tomorrow?
If the answer is no—or you’re not sure—it’s time for an update.
Protect your legacy. Update your will. Do it for peace of mind today—and comfort for your loved ones tomorrow.