What events should trigger a review of my Will and Enduring Power of Attorney?

Most people know that marriage automatically revokes a Will in Queensland.¹ But there are many other life events that should prompt an immediate Will review, and most people miss them.

Does a Will legally expire?

No. Once properly executed, a Will remains valid indefinitely under Queensland’s Succession Act 1981 (Qld).² You could sign a Will at 18 and it would still be valid at 100, provided it remains your current, unrevoked Will. A “set and forget” approach is nevertheless risky: circumstances change constantly — relationships, assets, and the law itself.

How often should you actually review it?

There is no legislated review requirement. A recommended benchmark is reviewing your Will at least every three years, and immediately after any major life event such as marriage, divorce, the birth of a child, or a significant change in your assets.

The Full List of Will Review Triggers

1. Marriage or New De Facto Relationship

Effect: Marriage automatically revokes a Will unless it was made “in contemplation” of that specific marriage.¹ De Facto: While de facto relationships don’t legally revoke a Will, your partner may now have rights under Queensland’s succession laws. Your Will should reflect your intentions clearly.

2. Separation or Divorce

Effect: Divorce revokes gifts to an ex-spouse and their appointment as Executor.³ Warning: Separation alone has NO legal effect on your Will. If you separate but haven’t yet divorced (which takes at least 12 months), your estranged spouse remains your beneficiary. Update your Will immediately upon separating.

3. Birth or Adoption of Children or Grandchildren

Your Will may not adequately provide for new children, or appoint a Testamentary Guardian for minor children if both parents die.

4. Death of a Beneficiary

If a beneficiary or executor named in your Will dies before you, the gift may “lapse” and fall into residue, or create a gap that leads to partial intestacy.

5. Major Asset Changes

If your Will refers to a specific asset, for example, “I give my property at 12 Smith Street” — and you then sell that property and buy a different one, the gift fails (this is called “ademption”). Similarly, large asset acquisitions (investment properties, shares, business interests) should prompt a review to ensure your Will reflects your updated intentions.

6. Significant Change in Financial Circumstances

If someone you have excluded from your Will suffers a significant financial reversal, they may now have a stronger family provision claim. If someone you have included has become very wealthy, you may wish to redistribute. This is particularly important for blended families, see Blended Family Will Risks .

7. Change in a Beneficiary’s Capacity or Situation

If a beneficiary develops a serious illness or disability, you may wish to structure their inheritance through a trust rather than an outright gift, to protect Centrelink entitlements and assets.

8. Moving Interstate or Overseas

Your Will remains valid across Australian states, but the applicable estate administration laws (including thresholds and executor duties) vary.

9. Starting or Winding Up a Business

Business interests, partnership agreements, and company shares all interact with your estate. A Will review should be accompanied by a review of any shareholders’ or partnership agreements.

Where should the original Will be stored?

The original physical document matters more for a Will than for almost any other legal document, because it is the copy that must be lodged with the Supreme Court for probate. Many firms scan Wills for reference, storing the scan in encrypted secure cloud storage, while keeping the signed original in a safe with a clear chain of custody for anyone who signs it in or out. This protects against later disputes over tampering or destruction.

Don’t Forget Your Enduring Power of Attorney (EPA)

Your EPA should be reviewed at the same time as your Will. Key EPA triggers include:

• An appointed attorney dies or becomes incapacitated — they can no longer act for you.
• An attorney you appointed is no longer somebody you trust — relationships change.
• You have moved interstate and wish to ensure your EPA is recognised there.
• Your circumstances have changed significantly and you wish to grant expanded or restricted powers.

“I would say that that would be for an EPA as well. So if you’ve left charge to someone and they’ve become incapacitated or passed away, time to update.” — Colin Balewski, Legal Matters, 4CRB, 17 March 2026

Related Topics

• DIY Will kit risks
• Enduring Power of Attorney
• Blended Family Will Risks
• Dying Without a Will (Intestacy)
• Will storage options and fees
• Wills & Estates Practice Area
• Legal Matters Ep 25: Parenting Arrangements & Children’s Best Interests

Time for a Review?

Bell & Senior Lawyers offers complimentary reviews of existing Wills and EPAs.

📞 Phone: (07) 5532 8777 | 🌐 bellsenior.com.au | Contact us