Can a will be changed?
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Can a will be changed?
Yes, a will can be changed during a person's life, but the process and legal requirements depend on the circumstances and which Australian state or territory you're in. This guide explains the different ways a will can be altered, the processes generally involved, and matters people often consider before making changes.
How wills can be changed in Australia
Once you've made a will, circumstances may change. People sometimes wish to leave assets to different people, add new beneficiaries, or update their executor. A will is generally not permanent. There are established legal methods to modify it.
The most common ways to change a will involve either making a formal amendment (called a codicil) or creating an entirely new will. A codicil is a legal document that allows you to amend a will without starting from scratch. It generally meets the same formal requirements as the original will, including being witnessed and signed by the will-maker. People often use this approach for minor changes, such as updating a beneficiary's details or adding a specific bequest.
Alternatively, if your changes are extensive, you may choose to revise a will completely by creating a new one. People sometimes observe that this approach can be clearer and may avoid confusion about multiple documents. When you update will provisions this way, the new document typically cancels the previous one entirely.
Regardless of which method you choose, Australian law requires that any changes to a will follow strict procedures. These procedures generally exist to give effect to a will-maker's intentions and to reduce later disputes. Without proper formality, changes may not be legally recognised, which can create uncertainty about a person's intentions.
Key points
A codicil allows you to amend a will for minor changes
You can revise a will by creating a new document
Both methods require formal legal requirements to be valid
Changes generally need to be properly signed and witnessed to be valid.
Where correct procedures are not followed, changes may not be enforceable.
Consulting a lawyer is something people often do in relation to the legal recognition of their intentions.
Common situations
You may be thinking about changing your will if:
Your family circumstances have changed (marriage, divorce, new children, or grandchildren)
Your financial situation has improved and you want to benefit additional people
You want to remove or add a beneficiary
Your executor is no longer able or willing to take on the role
You want to change how your assets are distributed
You've had a significant change in your relationship with a family member
People sometimes wish to leave gifts to charities or organisations not mentioned originally.
Your business ownership or property has changed substantially
What can go wrong
Where a will is changed informally, without following valid will requirements, the changes may not be recognised by the courts. This can lead to disputes among family members and may result in an estate being distributed according to the old will, regardless of the person's current wishes. Unclear or improperly executed changes can result in someone contesting a will, which may lead to legal costs and delays in settling an estate.
What to consider
Have your circumstances changed significantly since you last made or updated your will?
Are your changes minor (suitable for a codicil) or extensive (requiring a new will)?
Do you understand the difference between amending a will and creating a new one?
Is your current executor still appropriate for the role?
How soon do you need these changes to take effect?
Would a lawyer's guidance help you avoid future disputes?
Are there tax implications you should be aware of before making changes?
Options people often consider and how LawConnect can help
If you're thinking about changing your will, you may wish to:
Review your current will and identify which provisions need to change
Decide whether you need a codicil or a completely new will
Gather any new information about beneficiaries, assets, or your executor
Consider the potential impact of your changes on your overall estate plan
Check that any changes align with your current financial and family circumstances
Make a note of dates and reasons for the changes
People often decide whether to seek professional assistance or use a template-based service.
How LawConnect can help
Changing a will is a decision people often approach carefully, and it is common to feel uncertain about the approach being taken. Many people find it helpful to understand their options before committing to a course of action.
LawConnect provides personalised legal information through our AI legal assistant. You can ask questions about how to change a will, what a codicil is, or explore the differences between various methods of updating your will. Our AI can help you understand general legal information and the range of options that may be available to you.
Only a licensed lawyer can provide legal advice tailored to specific circumstances. Where a situation involves complex family dynamics, significant assets, or concerns about potential disputes, people often find professional advice helpful.
For those who would like to speak with a lawyer about a particular situation, LawConnect can connect people with licensed will and estate lawyers who generally review circumstances and explain the processes involved. This combination of legal information and professional support is something people often find assists with decision-making and may reduce the likelihood of future complications.
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Changing your will FAQs
You can update your will by creating a new will that replaces your old one, or by adding a codicil, which is a formal amendment. The method you choose depends on how significant the changes are. For major changes, people often find creating a new will to be a simpler approach. A licensed lawyer is someone people often consult in relation to whether updates meet legal requirements and reflect their wishes.
Yes, you can generally change your will at any time while you have mental capacity. Changes are generally made formally to be legally valid, either through a new will or a codicil. Capacity to make decisions and understand the nature of assets is a factor relevant to validity. People who are uncertain about whether their circumstances allow for a valid change often consult a licensed lawyer.
A codicil is a formal document that amends or adds to an existing will without replacing it entirely. A codicil is one option people often use for minor changes, such as updating a beneficiary or property description. Like a will, a codicil generally meets specific legal requirements to be valid. For significant changes, people often find creating a new will to be a clearer and less complicated approach.
You can revoke a will by creating a new will that expressly states the old one is revoked, or by creating a codicil that formally revokes specific provisions. The method matters for legal validity. A licensed lawyer is someone people often consult about ways to cancel a will.
The cost of updating a will depends on the complexity of changes, whether you use a lawyer, and your location. Creating a simple codicil may cost less than drafting a new will. Legal fees vary, and people often obtain quotes from a few licensed lawyers. We can connect you with a licensed lawyer who can provide advice specific to your situation.