When you first create a will, it reflects your circumstances at that point in time. But life does not stand still. Marriage, divorce, the birth of children, buying property, or changes in financial status can all significantly affect how your estate should be distributed. Under Wills & Estate Planning Law in Australia, failing to update your will after such events can create confusion, disputes, and unintended outcomes.

This article explains why updating your will is crucial after major life events, what can happen if you fail to act, and how a wills and estate planning lawyer can guide you through the process.

Why Keeping Your Will Updated Matters

Your will is a legally binding document that sets out your wishes for the distribution of your estate after death. However, if it is outdated, it may not reflect your current circumstances or relationships. This can lead to beneficiaries being excluded unintentionally or outdated instructions being followed.

For example, if you marry after creating your will, the marriage may revoke your previous will unless it was expressly made in contemplation of marriage. Similarly, if you divorce, your former spouse may no longer be eligible to inherit, but this does not automatically rewrite the rest of your estate plan.

Major Life Events That Require an Updated Will

Marriage or Civil PartnershipIn most Australian jurisdictions, marriage revokes an existing will unless it was written in contemplation of the marriage. Failing to update your will could leave your spouse unprotected or create disputes among family members.

Divorce or SeparationDivorce usually revokes gifts to a former spouse, but it does not invalidate the entire will. If your will names your former spouse as executor, this may no longer apply. Updating your will ensures your assets are distributed in line with your new circumstances.

Birth or Adoption of ChildrenThe arrival of children is one of the most significant reasons to update your will. You may wish to appoint a guardian, set up trusts, or allocate inheritance differently. Without these updates, your estate may not provide adequate protection for your children’s future.

Acquisition of Major AssetsBuying property, inheriting money, or starting a business can greatly change the value of your estate. Your will should reflect these changes to ensure fair distribution.

Death of a Beneficiary or ExecutorIf someone named in your will passes away, you may need to update it to appoint a new executor or redirect an inheritance.

Relocation or Change in ResidencyDifferent states in Australia have varying laws regarding wills and estates. If you move interstate or overseas, you should review your will to ensure it remains legally valid.

Consequences of Not Updating Your Will

Failing to update your will can create legal and emotional difficulties for your loved ones. Common consequences include:

• Unintended beneficiaries receiving assets.
• Family disputes and litigation, leading to costly court battles.
• Children or dependants being excluded from provisions.
• Invalid or revoked wills, leaving the estate to be distributed under intestacy laws.

These outcomes can often be avoided with timely updates and legal guidance.

How Often Should You Review Your Will?

It is generally recommended to review your will every three to five years, or sooner if a major life event occurs. A review does not always mean a complete rewrite; sometimes, a codicil (a legal amendment to an existing will) is sufficient. However, in cases of marriage, divorce, or significant asset changes, drafting a new will is usually best.

Getting Professional Help

While DIY will kits exist, they often fail to account for complex family or financial situations. A qualified wills and estate planning lawyer can ensure your will complies with the latest legal requirements and accurately reflects your wishes.

Lawyers can also help you structure your estate to minimise tax implications, protect vulnerable beneficiaries, and reduce the risk of disputes.

Suggested External Links:

• Australian Government – Wills & Estates
• NSW Trustee & Guardian
• Law Council of Australia – Wills & Estates

At New South Lawyers, we understand the importance of keeping your will current and aligned with your life’s changes. Our expert team in Wills & Estate Planning Law is here to guide you through every stage of the process. Whether you’ve married, divorced, welcomed children, or acquired new assets, we’ll ensure your estate plan reflects your true intentions.

Contact New South Lawyers today to arrange a confidential consultation and safeguard your family’s future.