Can I amend my will after it has already been finalized?
Yes. A will is not set in stone once you sign it. You can change it while you are alive, provided you have the legal capacity to do so and follow the signing rules that apply in your Australian state or territory.
The important part is how you make the change. Handwriting a new instruction in the margin might seem simple, but it can leave your family with an expensive question about whether that instruction is legally valid.
When might you need to update your will?
It is worth reviewing your will when your circumstances change. Common reasons include:
- marrying, separating or divorcing
- having a child or grandchild
- a beneficiary (someone you leave property to) dying
- buying a home or selling a significant asset
- wanting to change your executor—the person who manages your estate after you die.
For example, if your will leaves your car to your nephew but you have since sold it, you may want to decide whether to leave him something else. Even if nothing major has changed, a regular review can help ensure your will still reflects your wishes.
What are your options?
For a small, straightforward change, you may be able to make a codicil. This is a separate document that changes part of an existing will without replacing the whole thing. A codicil generally needs to be signed and witnessed with the same care as a will. If you make several changes over time, however, a collection of codicils can become confusing.
For bigger changes, making a new will is usually clearer. A properly drafted new will should expressly revoke—that is, cancel—your earlier wills and codicils. It can then set out all your current wishes in one place.
Whichever option you choose, avoid crossing out words, writing between lines or attaching a note to your signed will. Courts can sometimes accept documents that do not meet the usual formal requirements, but relying on that possibility can create uncertainty, delay and legal costs for your family.
What makes a change valid?
The detailed rules vary between Australian states and territories. Generally, you must understand what you are doing and the effect of the change. This is often called having testamentary capacity. You must also make the change voluntarily, without someone pressuring you.
A will or codicil usually needs to be in writing and signed in the presence of two witnesses, who also sign. Witnessing rules differ by jurisdiction, including rules about beneficiaries acting as witnesses. As a practical precaution, choose independent adult witnesses who are not receiving a gift under the will.
Marriage, divorce and other relationship changes can also affect an existing will under state or territory law, sometimes without you signing a new one. Do not assume your old will will operate as you expect after a major life event.
A few practical tips
Before making changes, find your current will and check exactly what it says. Think about how one change might affect another: changing who receives a house, for example, could alter what is left for everyone else.
Once your new will or codicil is properly signed, keep the original somewhere safe and tell your executor where to find it. Make sure older versions are not mistaken for your current instructions. If your family situation is complicated, someone may challenge the will, or you are unsure about the rules where you live, get advice from an Australian wills and estates lawyer.
Updating a will is usually manageable. Taking care with the paperwork now gives your wishes the best chance of being followed later.
