A hand signs a formal contract with a pen on a wooden desk.

When Should You Update Your Will?

ByHannah McPherson

Preparing a will is one of the most important steps you can take to protect your family and ensure your wishes are carried out after your death. However, creating a will is not something you should simply tick off your list and forget about.

As your life changes, your will should change with it.

Marriage, children, buying property, divorce, or changes to your financial circumstances can all affect whether your current will still reflects your wishes. Failing to update your will could mean your estate is distributed in a way you never intended.

At Leeuwin Legal Collective, we regularly help individuals and families throughout Busselton and the South West review and update their estate planning documents so they continue to provide certainty and protection for the future.

Why It’s Important to Keep Your Will Up to Date

A will is designed to reflect your current circumstances.

Over time, your family, finances and personal relationships naturally evolve. If your will no longer reflects those changes, it may:

  • Leave assets to the wrong people
  • Exclude beneficiaries you intended to include
  • Appoint executors who are no longer suitable
  • Increase the risk of family disputes
  • Cause unnecessary delays in administering your estate

Regularly reviewing your will helps ensure it continues to accurately represent your wishes.

How Often Should You Review Your Will?

Even if nothing significant has changed, it’s a good idea to review your will every three to five years.

Laws can change, your financial position may evolve, and family circumstances can shift gradually over time.

A regular review allows you to confirm that:

  • Your beneficiaries are still appropriate
  • Your executor is still willing and able to act
  • Your asset distribution still reflects your intentions
  • Your estate plan continues to meet your family’s needs

Sometimes you’ll find no changes are required, but the review itself provides valuable peace of mind.

Major Life Events That Should Trigger a Will Review

While periodic reviews are important, certain life events should prompt you to update your will as soon as possible.

Marriage

Marriage can have a significant effect on an existing will.

In Western Australia, getting married may revoke all or part of a previous will unless certain legal exceptions apply.

If you’ve recently married or are planning a wedding, it’s important to seek legal advice to ensure your estate planning remains valid and reflects your intentions.

Divorce or Separation

Many people assume that divorce automatically removes their former spouse from their will.

That isn’t always the case.

While some provisions may be affected under Western Australian law, other parts of your will may continue to operate.

Following separation or divorce, you should review:

  • Beneficiaries
  • Executors
  • Guardianship appointments
  • Powers of Attorney
  • Superannuation nominations

Updating your estate plan ensures it reflects your new circumstances.

Beginning or Ending a De Facto Relationship

De facto relationships can also affect estate planning.

Whether you’ve entered a new relationship or ended one, your existing will may no longer represent your wishes.

Reviewing your estate planning early helps avoid confusion or disputes later.

Having Children or Grandchildren

The birth or adoption of children is one of the most common reasons people prepare or update a will.

You may wish to:

  • Appoint guardians for minor children
  • Create trusts for younger beneficiaries
  • Adjust how your assets are distributed
  • Ensure your growing family is adequately provided for

Many grandparents also update their wills following the birth of grandchildren to include specific gifts or revise how their estate will be shared.

Purchasing Significant Assets

If you’ve recently purchased:

  • A family home
  • Investment property
  • A business
  • Shares or investments
  • Valuable personal assets

your estate may look very different from when your will was first prepared.

Updating your will ensures your asset distribution still aligns with your intentions.

Starting or Selling a Business

Business ownership introduces additional estate planning considerations.

Your will may need to address:

  • Business succession
  • Ownership transfers
  • Shareholdings
  • Buy-sell arrangements
  • Family involvement in the business

Likewise, selling a business can significantly change the size and structure of your estate.

Changes in Financial Circumstances

Significant changes to your financial position should also prompt a review.

This could include:

  • Receiving an inheritance
  • Retirement
  • Selling investments
  • Paying off major debts
  • Receiving compensation
  • Building substantial wealth

As your estate grows or changes, your planning should evolve with it.

The Death of a Beneficiary or Executor

Sometimes the people named in your will pass away before you.

If a beneficiary or executor has died, your will may no longer operate as intended.

Updating your will ensures replacement beneficiaries or executors are clearly appointed and avoids unnecessary complications during estate administration.

Changes in Relationships

Relationships naturally evolve over time.

You may wish to:

  • Include someone new
  • Remove a beneficiary
  • Change how assets are divided
  • Update charitable gifts
  • Adjust specific bequests

A will should reflect your current relationships—not those that existed many years ago.

Relocating Interstate or Overseas

If you’ve moved from another Australian state or overseas, it’s worth reviewing your will.

While Australian wills are generally recognised across states, different laws may affect aspects of estate administration.

Reviewing your estate planning after relocating ensures it remains appropriate under Western Australian law.

Don’t Forget Your Other Estate Planning Documents

Updating your will is also a good opportunity to review other important legal documents.

These may include:

  • Enduring Power of Attorney
  • Enduring Power of Guardianship
  • Advance Health Directive
  • Superannuation beneficiary nominations
  • Trust documentation

Estate planning works best when all documents complement each other.

Common Mistakes People Make

Many people unintentionally create problems by delaying updates.

Common mistakes include:

  • Assuming an old will is “good enough”
  • Forgetting to update beneficiaries after separation
  • Leaving executors who are no longer suitable
  • Not accounting for blended families
  • Failing to include newly acquired assets
  • Making handwritten changes that may not be legally effective

Rather than making informal amendments yourself, it’s generally best to seek legal advice.

Can I Just Add Notes to My Existing Will?

Many people ask whether they can simply write changes onto an existing will.

In most cases, this is not recommended.

Handwritten amendments may not be legally valid and can create uncertainty about your intentions.

Depending on the changes required, your lawyer may recommend either:

  • Preparing a Codicil (a legal document amending part of your will), or
  • Preparing an entirely new will.

A new will is often the simplest and safest option when several changes are required.

Peace of Mind for You and Your Family

Reviewing your will isn’t just about legal documents—it’s about making life easier for the people you leave behind.

An up-to-date will can:

  • Reduce uncertainty
  • Minimise family conflict
  • Simplify estate administration
  • Protect vulnerable beneficiaries
  • Ensure your wishes are respected

It’s one of the simplest ways to provide clarity and peace of mind for your loved ones.

Whether you’ve recently experienced a major life change or simply haven’t reviewed your will for several years, our team can help.

At Leeuwin Legal Collective, we provide practical advice tailored to your individual circumstances, helping you update your estate planning documents with confidence.

We’ll review your existing will, discuss any changes to your family or financial situation, and ensure your estate plan continues to reflect your wishes while complying with Western Australian law.

Speak With a Wills & Estates Lawyer in Busselton

If it’s been several years since you last reviewed your will—or your circumstances have recently changed—now is the ideal time to ensure your estate planning is up to date.

Contact Leeuwin Legal Collective today to book your free 15-minute consultation with a Wills & Estates Lawyer in Busselton and receive clear, practical advice about updating your will and protecting your family’s future.

Similar Posts