How Often Should You Update Your Will? The Changes Most People Miss
We sat across from Janet last month, a Brighton widow whose world had just collapsed. Not because her husband Michael had died — she had grieved that loss two years earlier. Her world collapsed because Michael's will, written in 2019, still named his ex-wife from his first marriage as the primary beneficiary of his $1.4 million estate.
Michael had divorced his first wife in 2021, married Janet in 2023, but never got around to updating his will. "He kept saying we'd do it next month," Janet told us, tears streaming down her face. "Next month never came."
This story repeats itself in our office more often than you might think. So how often should you update your will? The answer is not about time — it is about life events. And in 2026, with blended families, multiple properties, and complex super structures becoming the norm, the stakes have never been higher.
Why Your Will Has an Expiry Date (Even Though It Doesn't)
Technically, a will remains valid until you revoke it or die. But practically? We have seen wills become dangerous within months of being signed.
Here is what we mean. When you write a will, you are taking a snapshot of your life at that moment. Your assets, your relationships, your intentions — all frozen in time. But life keeps moving. Assets change. Relationships evolve. Children are born. Parents die. Your will, sitting in a drawer, has no idea.
The Wills Act 1997 (Vic) does not require you to update your will regularly. But Victorian courts do not care what you "meant" to do — they care what your will actually says. And if what it says no longer matches what you want, your family pays the price.
The Life Events That Demand Immediate Will Updates
We tell every client: certain life events should trigger an automatic will review. Not "when you get around to it" — immediately.
Marriage or de facto relationships: Your new partner has no automatic right to your estate unless you specifically provide for them. We have seen too many grieving partners discover they inherit nothing because their deceased partner's will predates their relationship.
Divorce or separation: This is the big one. In Victoria, divorce automatically revokes any gifts to your former spouse and removes them as executor. But it does not update the rest of your will. Remember Michael? His divorce protected Janet from his ex-wife inheriting, but it did not ensure Janet inherited instead. The estate went to his adult children from his first marriage — not what he wanted.
Birth or adoption of children: Every child changes everything. Not just because you want to provide for them, but because of guardianship issues if something happens to both parents. Who Gets Your Kids If You Die Tonight? The Victoria Guardianship Question explores this critical issue in detail.
Death of beneficiaries or executors: If your primary beneficiary dies, where does their share go? If your executor dies, who takes over? Most wills have backup provisions, but not always.
Significant asset changes: Bought a new property? Started a business? Inherited money? Your will might not cover these new assets properly.
Moving interstate: Different states have different laws. A Victorian will might not work optimally in Queensland or NSW.
Take David and Emma: The $800K Business Structure Problem
David and Emma owned a successful Camberwell café worth about $800,000. When they wrote their wills in 2020, the business was structured as a simple partnership.
By 2024, their accountant had convinced them to restructure through a family trust for tax reasons — smart move. But they never updated their wills. When David had a heart attack in early 2026, his will still referred to "my share of the café partnership" — which no longer existed.
The result? Six months of legal wrangling to sort out what David actually owned and intended to leave to Emma. Legal costs of $45,000. Business disruption while lawyers argued. Stress on top of grief.
Estate Planning for Business Owners Melbourne: Why Your Company Structure Changes Everything breaks down exactly why business structures and wills must stay aligned.
Here is what that actually means in practice: every time you change how you own assets, you need to check if your will still works.
The Superannuation Trap Most People Miss
This one catches almost everyone. Your superannuation does not automatically follow your will — it follows your binding death benefit nomination (BDBN). And BDBNs have their own rules and expiry dates.
Most BDBNs expire after three years unless renewed. So even if your will is current, your super might be going to the wrong person.
We met with Sarah from Hawthorn last year. She had updated her will after her divorce in 2023 to remove her ex-husband. But her BDBN, written in 2019, was still valid and still named him as beneficiary of her $400,000 super balance.
"I thought updating my will was enough," she said. It was not. Binding Death Benefit Nominations: Why Your Super Fund Ignores Your Will explains exactly how super and wills interact — and why both need regular attention.
How Often Should You Actually Review Your Will?
Our recommendation: major life event reviews immediately, plus a comprehensive review every three to five years.
Why three to five years? Because even without major life events, smaller changes accumulate. Asset values shift. Relationships evolve. Tax laws change. What made sense five years ago might not work today.
But honestly, most people struggle with regular reviews. So we focus on the must-do triggers:
- Marriage, divorce, or new de facto relationship
- Birth or adoption of children
- Death of beneficiaries or executors
- Significant asset purchases or sales
- Business structure changes
- Moving interstate
- Major changes to family circumstances
The Hidden Costs of Outdated Wills
Outdated wills do not just cause emotional distress — they cost money. Real money.
Family provision claims become more likely when wills feel "unfair" because they do not reflect current relationships. Court applications to interpret unclear provisions. Disputes between beneficiaries who thought they were getting something different.
We have seen families spend $200,000 fighting over estates worth $500,000 because an outdated will created ambiguity and hurt feelings.
Family Provision Claims in Victoria: A Complete Guide to Challenging Wills shows exactly how these disputes unfold — and how current wills help prevent them.
The 15-Minute Will Health Check
Between formal reviews, do this quick check annually:
- Are all named beneficiaries still alive and still people you want to benefit?
- Are your executors still alive and capable?
- Do you still own the assets mentioned in your will?
- Have you acquired significant new assets not covered?
- Has your family structure changed (marriage, divorce, new children)?
- Are your super beneficiaries current and aligned with your will?
If you answer "no" to any question, book a review.
What About Powers of Attorney?
We always review powers of attorney when we review wills. Your financial and medical powers of attorney are just as important as your will — maybe more so, because they operate while you are alive.
The Powers of Attorney Act 2014 (Vic) gives your attorney significant power over your affairs. If your circumstances have changed, your attorney appointments might need updating too.
Powers of Attorney in Victoria: The Simple Form That Saved One Family $85K explains why these documents deserve as much attention as your will.
The Technology Factor in 2026
Here is something most people miss: your digital life needs attention too. Cryptocurrency wallets, online business accounts, social media profiles, cloud storage — what happens to these when you die?
Most wills written even two years ago do not adequately address digital assets. As of 2026, this is becoming a major issue for families trying to access deceased relatives' online accounts and digital wealth.
Our Team's Approach: Integrated Estate Health
This is exactly why our team integrates legal and tax expertise under one roof. When we review your will, we are also checking your super, your business structures, your tax position, and your power of attorney arrangements.
Too many lawyers write wills in isolation. Too many accountants focus only on tax. We see the whole picture because we have seen what goes wrong when the pieces do not fit together.
A will is not a document — it is part of an integrated estate plan. And like any plan, it needs regular maintenance to stay effective.
If Your Will Is More Than Five Years Old, Read This
If your will is more than five years old, the chances are good it needs attention. Not necessarily a complete rewrite — sometimes small updates are enough. But you need to know.
Here is what we wish every family understood: updating a will is cheaper than the problems an outdated will creates. A simple will update costs a few hundred dollars. Family disputes cost tens of thousands.
Time to Get Current?
If any of this resonates — if you are thinking "I should probably look at my will" — trust that instinct. Book a free 30-minute consultation and we will tell you exactly where you stand.
We will review your current will, check how it aligns with your current circumstances, and give you a clear picture of what needs updating. No obligation, no pressure, no sales pitch — just clarity about whether your will still protects the people you love.
We have sat across from too many families who wished they had done this conversation sooner. Do not let yours be one of them.