Hemmings Legal

A Will is not a once-and-done document. Life changes quickly, and your Will needs to keep up. Many people in Victoria make a Will and then forget about it, only to realise years later that it no longer reflects their circumstances. An outdated Will can create confusion, disputes, or even unintended results.

At Hemmings Legal, we encourage clients to review their Will every few years or after any major life event. Here are some of the most common reasons to update your Will.

1. Marriage or Separation

In Victoria, marriage usually revokes an existing Will unless it was made in contemplation of marriage. This means your old Will may no longer be valid once you marry. Similarly, separation or divorce can dramatically change your intentions. Updating your Will ensures your spouse or ex-spouse is included or excluded according to your wishes.

Related reading: Why Every Adult Needs a Will in Victoria.

2. Birth or Adoption of Children

If you welcome children into your family, your Will should reflect this. Updating your Will allows you to:

• Appoint guardians for young children.
• Create trusts to provide financial security until they are adults.
• Ensure each child receives a fair inheritance.

3. New Property or Assets

Buying a home, starting a business, or inheriting property are all major reasons to review your Will. Significant assets should be carefully distributed to avoid disputes and to ensure tax-effective outcomes.

You may also want to explore our article on Testamentary Trusts to see how they can protect family assets.

4. Changes in Relationships

Families evolve over time. New relationships, blended families, estrangements, or the passing of a loved one all require updates to your Will. Without changes, people you no longer wish to benefit may still inherit, while important new relationships could be excluded.

5. Appointing New Executors or Trustees

Your executor is the person who carries out your wishes. If your chosen executor has passed away, moved overseas, or is no longer the right person for the role, you should update your Will to appoint someone else.

If you are named as an executor, our article on Probate in Victoria explains what the role involves.

6. Tax or Superannuation Changes

Superannuation and tax laws in Australia are complex and often change. Reviewing your Will with professional advice ensures your estate plan is structured in the most efficient way.

7. Simply Passing Time

Even if nothing dramatic has changed, it is a good habit to review your Will every three to five years. Circumstances shift, values change, and what was important five years ago may look very different today.

Key Takeaway

Your Will is a living document. It should reflect your current relationships, assets, and wishes. By keeping it updated, you protect your loved ones from unnecessary stress and make sure your estate is distributed the way you intended.

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Ready to Review Your Will?

At Hemmings Legal, we make reviewing and updating your Will straightforward. Whether you need to add children, adjust beneficiaries, or create a Testamentary Trust, we provide clear advice tailored to your circumstances.

Contact us today to ensure your Will is valid, up to date, and working for you and your family.