So, why even think about updating your will?
Look, heaps of folks reckon once they write a will, that’s it—done and dusted. But honestly, that’s a bit of a myth. Life’s a moving target, right? Things change, people change, and your will should keep up with that.
Most people don’t clock just how fast their will can get out of date. Maybe you got hitched, or split up. Maybe you’ve had a kid, or even grandkids. Or you went and bought a house, or started a business. These are the moments when your will really needs a fresh look.
Otherwise? Well, your loved ones might get stuck in a bit of a mess sorting out your stuff when you’re gone. Not fun, really.
What sorts of things mean you should update your will?
Let’s have a think:
You got married, divorced, or separated
You had kids or grandkids
Bought or sold any big stuff — like a house, a car, investments
Moved interstate or overseas (yeah, that does shake things up)
Started or sold a business
Your money situation’s changed heaps — maybe you won the lotto (lucky you!) or hit a rough patch
Or just reckon your will doesn’t really reflect what you want anymore
But, here’s the kicker — it’s not always about big life events.
Sometimes you just find mistakes in the will, or named executors who’ve moved on or aren’t up for the job anymore. Laws change too, so what made sense five years ago might not work these days.
Pro tip: even if nothing major’s changed, it’s a good idea to check your will every few years. Better safe than sorry.
What happens if you don’t update your will?
Well, it can turn into a real headache.
An outdated will can mean fights between family members over who gets what. Sometimes things end up in court — a proper mess. If your will’s invalid or missing, intestacy laws come into play, and the government basically decides who gets what. And trust me, that’s usually not what anyone wants.
Here’s a juicy fact: getting married in Queensland can actually cancel your old will unless you make a new one. Fair dinkum. So if you tied the knot after writing your will and forgot to update it, that old will might be dead in the water.
Changing your will — do you need a whole new one?
Nah, not always.
There’s this thing called a codicil. Sounds fancy but it’s really just an add-on to your existing will — lets you change a few things without starting from scratch. Say you want to add a new beneficiary or swap out your executor.
Just make sure it’s signed and witnessed properly, otherwise it’s pretty much useless.
If you’ve got a lot to change, or big changes, writing a fresh will might be easier.
Either way, don’t muck around — get some proper legal advice. It’s too easy to stuff this up.
How to know if your will’s due for an update?
Here’s a quick checklist:
Had a big life event recently? (Marriage, divorce, kids, deaths, new house…)
Is your executor still the right person?
Do your beneficiaries still match what you want?
Has your financial situation changed heaps?
Have the laws changed? (Queensland’s laws do get tweaked sometimes)
Does your will feel confusing or out of date?
If you’re nodding to any of those, time to have a chat with a lawyer.
Who should help you update your will?
Look, you can write or update a will yourself, but honestly, it’s a bit risky.
You want someone who knows the ropes — a solicitor specialising in wills and estates, especially in Queensland. They know the local laws and recent changes, and can help you avoid the dramas down the track.
For example, Frigo James Legal have lawyers who can guide you through this. They’re the kind of folks who’ll make sure everything’s above board, and your family’s protected.
What about tricky stuff like divorces or disputes?
Yeah, these bits can get messy.
Divorce usually means your ex isn’t entitled to anything in your will anymore. But your will doesn’t change automatically, so you need to update it to avoid confusion.
Disputes? If someone thinks they’ve been left out or unfairly treated, they might contest your will. Having a clear, updated will helps avoid this kind of drama.
FAQs – real questions from real people
Q: How often should I update my will?
A: No fixed rule, but every 3-5 years is a decent guide, or after any big life event.
Q: Can I update my will myself?
A: You can, but it’s risky. Wills need to be spot on legally or they might be invalid.
Q: Does getting married or divorced automatically update my will?
A: Marriage usually cancels your old will in Queensland, but divorce doesn’t — you have to update it yourself.
Q: What’s a codicil?
A: A legal way to make small changes to your will without rewriting the whole thing.
Q: What if I don’t update my will and then pass away?
A: Your outdated will might cause family fights or get tossed out. If there’s no valid will, intestacy laws decide who inherits.
To wrap it up — why keeping your will current is no worries really
Sure, sorting wills might feel like a pain. But it’s really just about making sure your wishes are clear and your loved ones aren’t left hanging.
So, if it’s been a while or life’s thrown you a curveball, get your will checked. It’s worth it.
And if you’re after some no-nonsense advice, talking to a wills and estates lawyer — like those at Frigo James Legal — can save a heap of stress later.
Legal Disclaimer: This is general info only, not legal advice. For advice specific to your situation, always talk to a qualified wills and estates lawyer.
