How Often Should I Update My Will and What Should I Do to Keep It Current?
- jcraigmckay
- 6 days ago
- 3 min read
A will is not a “set and forget” document. Life changes, and your legal affairs should change with it. Whether you've bought a house, had a child, separated, or experienced a death in the family, your will may need to be updated to reflect your new circumstances.
Failing to keep your will up to date can result in unintended consequences — from outdated beneficiaries to costly legal disputes.
Here’s what every Adelaide resident should know about how often to update a will and what steps to take.
When Should I Review or Update My Will?
As a general guide, review your will every 2 to 3 years — or immediately following a significant life event. Here's when you should act:
Key triggers for updating your will:
Marriage or separation: Your legal relationships directly affect your will’s validity.
Birth or adoption of children or grandchildren.
Change in executors or beneficiaries: Death, estrangement, or incapacity.
New assets: Buying or selling property, starting a business, inheritance.
Moving interstate or overseas: Different legal jurisdictions may affect your will.
Change in superannuation or life insurance: Especially binding nominations.
Change in legislation: Tax laws, family law or estate law amendments.
How Do I Update My Will in Australia?
There are two main ways to update your will:
1. Add a Codicil
A codicil is a separate legal document that modifies part of your original will. It must be signed and witnessed just like a will.
Best for minor changes (e.g. changing an executor)
Multiple codicils can cause confusion — not ideal long-term
2. Write a New Will
If you're making substantial changes, it’s usually best to draft a new will. Your new will should revoke all previous wills and codicils to avoid ambiguity.
Risks of Not Updating Your Will
Failing to keep your will current can lead to:
Outdated beneficiaries (e.g. leaving assets to an ex-partner)
Executor problems (if your chosen executor dies or is no longer suitable)
Unclear or invalid clauses, especially if your life circumstances have changed
Family disputes and challenges
Tips for Keeping Your Will Up to Date
Set a calendar reminder every 2–3 years to review your will
Store your will in a secure but accessible place (e.g. with your lawyer)
Let your executors know where your latest will is kept
Keep a list of your major assets to simplify future updates
Update your superannuation and power of attorney documents at the same time
FAQs
How often should I review my will in Australia?
Every 2 to 3 years, or sooner if a significant life event occurs.
Can I update my will without a lawyer?
While DIY updates are possible, they are risky. A poorly written or incorrectly executed amendment may be invalid. It’s always best to seek legal advice.
Is it better to amend or replace a will?
Minor changes may be done via codicil. Major changes should be reflected in a new will to reduce confusion.
Do I need to change my will if I move house?
Changing address alone doesn’t require a new will, but it’s a good opportunity to review your affairs.
What if my executor dies?
You should immediately update your will to appoint a new executor. Otherwise, someone else may need to apply to administer your estate.
Adelaide Legal Support for Wills and Estate Planning
At Craig McKay Legal, we help individuals and families across Adelaide keep their wills up to date and legally effective. Whether you need a quick review or a complete rewrite, we’ll ensure your will protects your loved ones and reflects your current wishes.
Our experienced lawyers can also assist with related documents like powers of attorney and advance care directives.
Need Help Updating Your Will?
You can book a complimentary no-obligation telephone Will Review or Enquiry with Craig today to see whether updating your Will is recommended.
This article is for general information only and is not a substitute for legal advice. For advice specific to your situation, please contact our office.
