Creating a Will is one of the most important things you can do for your family. But here is something many Australians overlook: your Will is not a “set and forget” document. It is a living reflection of your life, your relationships, and your assets — and when those things change, your Will needs to change with them.
An outdated Will can be just as dangerous as having no Will at all. It can direct assets to the wrong people, leave new family members unprotected, or appoint someone who is no longer appropriate to manage your estate. The good news is that keeping your Will current does not have to be difficult or expensive.
Here are the key life events that should trigger an immediate review — and how to make the update process painless.
Life Events That Demand an Immediate Update
1. Marriage
This is arguably the most critical trigger, and the one that catches the most people off guard. In most Australian states and territories, marriage automatically revokes your existing Will — completely. If you made a Will before getting married and did not update it after the wedding, you may currently be treated as having died intestate (without a Will), regardless of what that earlier document said.
The exceptions are South Australia and the Australian Capital Territory, where marriage does not automatically revoke a Will. However, even in those jurisdictions, it is essential to update your Will to reflect your new spouse and any changed wishes.
The bottom line: if you have recently married, updating your Will should be at the very top of your to-do list. You can learn more about how the rules differ across jurisdictions in our state requirements guide.
2. Divorce or Separation
In most states, a divorce will revoke any gift or appointment in your Will that relates to your former spouse. However, the rest of your Will generally remains valid — which can create unexpected gaps. For example, if your ex-spouse was your sole beneficiary and you have not updated your Will, the gift to them may simply lapse, and that portion of your estate could be distributed under intestacy rules rather than according to your wishes.
Separation without a formal divorce is even more problematic, as it typically has no automatic effect on your Will at all. If you have separated from your partner but not yet divorced, your existing Will may still leave everything to them.
Do not wait for the legal process to conclude — update your Will as soon as your relationship circumstances change.
3. Birth or Adoption of a Child
The arrival of a new child is a joyous occasion — and a critical moment for your estate plan. You will need to:
- Appoint a guardian for the child in case both parents pass away
- Update your distribution clauses to include the new child
- Consider whether existing provisions (such as testamentary trusts or age-based distributions) need to be extended to cover additional children
If you already have a Will that provides for “all my children” rather than naming them individually, a new child may be automatically included. But it is still wise to review the document to ensure the guardian appointment, trustee provisions, and distribution percentages reflect your current wishes.
4. Death of a Beneficiary or Executor
If someone named in your Will — whether as a beneficiary, executor, trustee, or guardian — has passed away, your Will needs to be updated promptly. While most well-drafted Wills include substitute appointments, you should not assume that the backup arrangement still reflects your preferences.
Similarly, if your nominated executor has become ill, moved overseas, or is simply no longer someone you trust with the role, it is time for a change. The executor is responsible for administering your entire estate, so this appointment deserves careful and current consideration. For guidance on what to look for, read our article on how to choose the right executor.
5. Significant Change in Assets
Your Will should reflect your current financial position. Major asset changes that warrant a review include:
- Purchasing or selling property — particularly your family home or investment properties
- Receiving an inheritance yourself
- Starting, selling, or closing a business
- Significant changes in superannuation balance or beneficiary nominations
- Acquiring or disposing of valuable personal items (art, jewellery, vehicles, collectibles)
- Taking on or paying off significant debt
If your Will includes specific gifts (such as “I leave my property at 42 Smith Street to my daughter”), selling that property without updating your Will creates a failed gift — known in legal terms as ademption. Your daughter would receive nothing from that clause, which is unlikely to be what you intended.
6. Moving Interstate
Australia’s estate planning laws are state-based, and there are meaningful differences between jurisdictions. If you have moved from one state or territory to another, your existing Will may still be legally valid, but it is worth reviewing to ensure it complies with and takes advantage of the laws in your new home state.
For example, witnessing requirements, rules around the revocation of gifts to former spouses, and family provision claim laws all vary between states. You can explore the differences in our state-by-state Wills hub.
7. Change in Relationships
Not all relationship changes involve marriage or divorce. You should review your Will if:
- You have had a falling out with a beneficiary and no longer wish to leave them a gift
- You have a new partner (de facto relationships can create legal entitlements even without marriage)
- A family member has developed a vulnerability — such as a disability, addiction, or financial difficulty — that means a direct inheritance may not be in their best interest
- You have developed a close relationship with someone new (a stepchild, a friend, a charity) that you want to recognise in your Will
Your Will should always reflect your current relationships and intentions — not those of five or ten years ago.
Set a Regular Review Schedule
Even if none of the major life events above have occurred, it is good practice to review your Will every three to five years. Life changes gradually, and small shifts — a beneficiary’s marriage, a change in your financial position, evolving family dynamics — can accumulate over time.
Set a recurring reminder in your calendar, or tie your Will review to another regular event (such as your annual tax return or a milestone birthday). A quick read-through can give you confidence that everything is still in order — or flag issues before they become problems.
The Old Way vs the New Way
Traditionally, updating your Will meant booking an appointment with a solicitor, paying for a consultation, and either:
- Adding a codicil (a formal amendment to an existing Will) — which can create confusion if there are multiple codicils over time, or
- Having the entire Will redrawn — which typically costs $500 or more, even for straightforward changes.
This cost and inconvenience is a major reason why so many Australians let their Wills fall out of date. It simply feels like too much effort for a “minor” change.
With ezyWill, the process is fundamentally different. You can:
- Log in to your ezyWill account at any time
- Make your changes — update beneficiaries, change your executor, add new provisions
- Download your updated Will as a fresh, clean document
- Print, sign, and witness the new Will according to your state’s requirements
This is included in your ezyWill subscription — no additional fees, no solicitor appointments, no waiting. Your Will stays as current as your life.
Common Mistakes When Updating Your Will
Even when people do update their Will, a few common errors can undermine the process:
- Forgetting to re-sign and re-witness: An updated Will is not valid until it has been properly executed. In every Australian state, this means signing in the presence of two adult witnesses who also sign the document. Simply printing a new version is not enough.
- Only updating part of the Will: Making handwritten changes to a printed Will, or crossing out clauses and writing in new ones, can render the document invalid or create ambiguity that leads to disputes. Always create a complete new Will rather than annotating the old one.
- Not telling your executor: Your executor needs to know that a new version of your Will exists and where to find it. If they only locate the old version, all of your updates are wasted.
- Not revoking the old Will: Your new Will should contain a revocation clause (ezyWill includes this automatically). Destroy the old physical copies to prevent confusion.
Quick Checklist: Is Your Will Up to Date?
Ask yourself the following questions. If you answer “no” to any of them, it is time for a review:
- Does your Will reflect your current marital or relationship status?
- Are all of your children (including any born or adopted since the Will was made) provided for?
- Is your nominated executor still willing, able, and appropriate for the role?
- Does your Will account for your current assets, including any property bought, sold, or inherited?
- Are your beneficiary nominations still correct — have you fallen out with anyone, or do you want to include someone new?
- Have you moved interstate since your Will was made?
- Has any named person (beneficiary, executor, guardian, trustee) passed away?
- Has it been more than three years since you last reviewed your Will?
If any of those questions gave you pause, now is the time to act. Not next month, not next year — now. The whole point of a Will is to protect the people you love, and it can only do that if it is current.
Keep Your Will Current with ezyWill
Life does not stand still, and neither should your estate plan. With ezyWill, updating your Will is as simple as logging in and making your changes. No solicitor fees. No codicils. No excuses.
For a step-by-step walkthrough of the Will creation and update process, visit our guide to writing your Will. And if you have not started yet, there has never been a better time.
Update your Will now — or create your first one in under 20 minutes. Your future self (and your family) will thank you.
