There is no fixed interval at which you need to update your Will. You can change your Will at any time and you should review it every three to five years or whenever something significant changes in your life.
When you make a new Will, your previous Will becomes invalid.
Which life events change your Will by law?
Marriage revokes your Will. Unless the Will was made in contemplation of that marriage, marrying cancels it entirely. If you don’t make a new one, you die intestate and a statutory formula decides who inherits.
Divorce revokes your Will too. Unless the Will was made in contemplation of that divorce, a WA Will is cancelled in full, not just the parts that mention your former spouse. People assume a divorce quietly writes their ex out and leaves the rest standing. It does not. It leaves you with no Will at all.
Separation alone does nothing at all. If you separate but never divorce, your spouse remains your spouse for the purposes of your Will and for the intestacy rules. People may spend fifteen years apart and leave their estate to someone they last spoke to in another decade, simply becuase they forgot to update their Will.
A Will can be made in contemplation of a marriage or of a divorce, which is how you keep a Will on foot through a change you can already see coming. If you are separating, tell us, because the timing of a new Will matters.
When else should you update your Will?
Consider these questions. Are your nominated guardians still able to look after your children? Is your executor still capable of looking after your estate? Does your Will still distribute your assets the way you want?
If any answer has changed, so has your Will. Any of the following is also a reason to get it out and read it.
| What has changed | Why it matters |
|---|---|
| You married or divorced | Your Will has been revoked unless it was made in contemplation of that marriage or divorce |
| You separated but did not divorce | Your separated spouse is still your spouse for the purposes of your Will and the intestacy rules |
| You started living with a new partner | A de facto partner may be able to claim against your estate even if your Will says nothing about them |
| A child or grandchild was born | New beneficiaries and possibly a testamentary guardian for children under 18 |
| A beneficiary died | If the Will has no substitute gift, that share may fall into a partial intestacy |
| Your executor died, moved overseas or became unwell | An executor who cannot act delays the whole estate and there may be adverse tax consequences of an overseas execuor |
| A beneficiary developed a disability or started receiving Centrelink or NDIS support | A direct inheritance can affect their entitlement. A trust can hold it instead |
| A beneficiary is going through a divorce or has creditor problems | An inheritance paid out directly is exposed. A testamentary trust protects it |
| You started a business or set up a company, family trust or SMSF | These assets usually sit outside your estate and your Will alone does not deal with them |
| You received an inheritance | A larger estate often changes what structure you should use to leave it to the next generation |
| You acquired assets in another state or overseas | Different rules may apply to those assets |
| You made a Will outside Western Australia | Wills made in different places can revoke each other |
| You bought or sold property outside Western Australia | Assets in another state or country may need to be dealt with separately |
| You sold or gave away something you left to a named person | A specific gift of an asset you no longer own simply fails and that beneficiary receives nothing |
| Your guardians are no longer able to look after your children | A guardian who cannot act leaves the decision to be worked out between family members or by a court |
Why review it when nothing has happened?
Because the law moves even when your life doesn’t. Intestacy thresholds change, superannuation rules change and the structures available for protecting an inheritance change. A Will written fifteen years ago may be valid but still be the wrong plan.
Three to five years is a sensible rhythm. Many reviews end with no change at all, but that is a good outcome rather than a wasted appointment.
Moving house does not invalidate your Will. If you move or your executor does, let us know so our records stay current and we can reach the right person when it matters.
Should you make a codicil or a new Will?
Usually a new Will. A codicil is a separate document that amends your existing Will and it has to be signed and witnessed with the same formality. Your executor then has to produce both documents and the two have to be read together.
Codicils made sense when Wills were retyped by hand. Today a fresh Will is usually cleaner, no more work and less likely to cause an argument.
Can you change your Will yourself?
We don’t recommend home made amendments. Crossing out a name, writing in the margin or attaching a note creates a real problem for your executor, who has to explain the alteration to the Court before the Will can be admitted to probate.
What else should you review at the same time?
Your Will only operates after you die. Two other documents decide what happens while you are alive and unable to act for yourself and they go stale the same way.
Check that your Enduring Power of Attorney and Enduring Power of Guardianship still name people who are willing and able to act. See EPOA and EPOG in WA: who makes decisions if you lose capacity.
Your superannuation is worth checking too. It is usually paid at the trustee’s discretion rather than under your Will, unless you have made a binding death benefit nomination and those nominations can lapse.
Frequently asked questions
Does getting married cancel my Will in WA?
Yes, unless the Will was made in contemplation of that marriage. If you marry and don’o’t make a new Will, you die intestate.
Does separating from my spouse change my Will?
No. Separation has no effect on your Will or on the intestacy rules, so your separated spouse can still inherit and can still be your executor. Only a divorce changes anything and a divorce revokes the whole Will.
Does divorce cancel my Will in WA?
Yes, in full, unless the Will was made in contemplation of that divorce. It does not simply remove your former spouse and leave the rest in place. Without a new Will you die intestate.
Do I need a new Will if I move house?
Not usually, unless your Will gives a specific property to a specific person. A gift of a house you no longer own fails and that beneficiary may receive nothing.What happens if I never update my Will?
It stays valid until you revoke it, marry or die. Valid is not the same as correct. An out of date Will still gets administered, just not in the way you would have wanted.
Time for a review?
If something on the list above has happened or you can’t remember the last time you read your Will, it is worth an appointment. We tell you what it costs before we start.
Book an appointment or call the Wills team on (08) 9220 4433.
See our Wills service and pricing.
This article is general information and not legal advice.
