When should I update my Will?

A “set and forget” approach to estate planning can be disastrous. Queensland law dictates that certain life events automatically change—or destroy—your Will.

1. Marriage

Effect: Marriage automatically revokes (cancels) your existing Will, unless the Will was specifically made “in contemplation of marriage.”¹ Risk: If you marry and die the next day without a new Will, you die intestate (see Dying without a Will).

2. Divorce

Effect: Divorce does not revoke your entire Will, but it usually revokes any gift to your former spouse and their appointment as Executor.² Risk: Your Will might now be valid but have no executor or primary beneficiary, causing chaos.

3. Separation (The Danger Zone)

Effect: Separation has NO legal effect on your Will. Risk: If you separate from your spouse but die before the divorce is final (which takes at least 12 months), your estranged spouse will still inherit everything under your old Will. You must update your Will immediately upon separating.

4. Birth of Children

Effect: Your old Will might not mention the new child. Risk: While “children” as a class creates inclusion, you need to appoint Testamentary Guardians to look after them if both parents die.

5. Death of an Executor or Beneficiary

Effect: If your primary beneficiary dies, the “residue” might fall into intestacy if you don’t have a backup clause.

Related Topics

• DIY Will risks
• Enduring Power of Attorney
• Wills & Estates Practice Area

Free Review

Bell & Senior offers a complimentary review of your existing Will to see if it still meets your needs.

Time for an update? Contact us to book a review. Call (07) 5532 8777.