Time to Update a Will: A Practical Guide for Queenslanders

If you're asking yourself whether it's time to update your Will, chances are, it is. A Will isn’t a set-and-forget document. It should evolve with your life, relationships, and finances. Allowing your Will to become outdated can create unnecessary complications, delay the administration of your estate, and increase the risk of disputes among loved ones.

Why Updating a Will Matters

Under Queensland's Succession Act 1981, outdated Wills can be as problematic as not having one at all. If your Will doesn't reflect your current circumstances, your estate may be distributed in ways you didn’t intend, or worse, your Will may be deemed partially invalid.

Keeping your Will up to date ensures:

• Your estate is distributed according to your current intentions.
• Your choice of executor is still appropriate.
• Your Will complies with Queensland law.
• Your family avoids unnecessary legal costs and confusion.

Major Life Events That Require a Will Update

Any major shift in your relationships, assets, or family structure should prompt you to assess whether your Will needs updating. For example:

• Marriage typically cancels any previous Will, unless the Will was specifically prepared with that marriage in mind.
• Divorce or the end of a registered relationship generally removes your former spouse as a beneficiary and as executor. However, the rest of the Will remains valid unless updated.
• The birth or adoption of a child does not automatically update your Will, so failing to make changes may result in unintentionally excluding them from your estate. If your Will does not make provision for newly added dependants, they may be excluded unintentionally.
• Significant changes in assets, such as buying or selling property, shares, or business interests, can render specific gifts invalid (through a legal concept called ademption), potentially leaving intended beneficiaries without their inheritance.

We cannot stress this enough: to preserve the validity and effectiveness of your estate plan, review and update your Will promptly following any major life change.

How Often Should You Update a Will?

Even without major life changes, reviewing your Will every three to five years is a smart move. Laws change, as do your relationships, assets, and priorities.

Updating a Will regularly ensures:

• Legal compliance
• Clarity of your intentions
• Protection against potential estate litigation

The Legal Requirements in Queensland

To be valid under Queensland law, the updated Will must:

• Be signed by the Will-maker (testator) in the presence of two independent witnesses aged 18 and above
• Be created freely, without coercion or undue influence
• Be made with the Will-maker fully understanding the nature of their assets and who may have a claim.
• Use clear and unambiguous language

Wills that fail these criteria can lead to estate litigation, challenges, or unintended distributions.

Step-by-Step Guide to Updating a Will in Queensland

1. Review Your Assets
   List all current assets: real estate, superannuation, investments, digital accounts, personal items, and any international holdings. Ensure that outdated asset references (e.g., sold properties) are removed.
   
   
2. Reconsider Your Beneficiaries
   Update names, relationships, or circumstances. Include backup beneficiaries in case your primary choices are no longer suitable or alive.
   
   
3. Reassess Executors and Guardians
   Check whether your chosen executor and nominated guardians are still available, willing, and appropriate.
   
   
4. Ensure Superannuation Is Addressed
   Your superannuation is not automatically included in your estate unless specific arrangements are made. Consider making a Binding Death Benefit Nomination and align it with your updated Will.
   
   
5. Account for Business Interests or SMSFs
   Business restructuring, share changes, or SMSF trustee updates should reflect in your estate planning documents to avoid legal gaps.
   
   
6. Get Professional Legal Advice
   A seasoned Estate Planning Lawyer like ours will ensure your updated Will complies with state-specific laws, protects against potential disputes, and includes any technical clauses required (e.g., for testamentary trusts).

Mistakes to Avoid When Updating a Will

Updating a Will isn’t as simple as scribbling changes on your old copy. To be valid under Queensland law, any update must follow the correct legal process. Some of the most common and costly mistakes include:

• Making informal changes: Don’t amend the original document without proper legal procedure. Courts rarely accept handwritten notes, unsigned drafts, or unwitnessed updates.
• Forgetting assets: It’s easy to miss assets like joint holdings or digital accounts, which can lead to unintended distributions under intestacy laws.
• Using vague or unclear wording: Ambiguous language can cause confusion or disputes among beneficiaries. Professional drafting ensures your wishes are clearly understood.
• Ignoring debts or new liabilities: Your estate plan should reflect both your assets and financial obligations to avoid complications during administration.

Don't take the risk—get legal advice to ensure your updated Will is valid, comprehensive, and protects your intentions.

What Happens If You Don’t Update a Will?

Letting your Will fall out of date can result in:

• Unintended beneficiaries: Your ex-spouse or estranged relatives might still be named.
• Family disputes: Ambiguities lead to estate litigation and potential court battles.
• Partial intestacy: Assets not covered by your Will may be distributed under Queensland’s statutory rules.
• Increased legal costs: Your loved ones may need to engage lawyers to interpret or challenge outdated provisions.

Queensland-Specific Considerations

Superannuation and Will Integration

Your super doesn’t automatically form part of your estate when you die. Unless you’ve made a binding death benefit nomination, your super fund will decide who receives your super death benefit, typically a dependant or your estate.

To ensure your super is distributed according to your Will, you must nominate your legal personal representative (usually your executor) through a valid binding nomination. This directs the fund to pay your super into your estate.

Without a valid nomination, the fund’s trustee can use their discretion, which may not reflect your intentions. Always review your nomination when updating your Will, and check your fund’s rules, as they can vary.

SMSF Considerations

Self-managed superannuation fund members face additional complexities when updating a Will. Therefore, the death of a member will have consequences on the trusteeship of the fund and require action to ensure the SMSF will continue to comply with the Superannuation Industry (Supervision) Act. These technical requirements demand specialist attention during the updating process.

Interstate Complications

If you own assets in multiple states or have moved to Queensland from elsewhere, updating a Will requires careful consideration of cross-jurisdictional issues. Different states have varying laws regarding Will validity, executor powers, and asset distribution mechanisms.

Risks of Avoiding Will Updates

• Family Disputes & Costs: Outdated or unclear Wills can lead to costly litigation, draining your estate and placing stress on loved ones.
• Unintended Beneficiaries: Failing to update may result in benefits going to ex-spouses or others you no longer intend to include, while omitting those you now care for.

Why Legal Support Matters

• Avoiding DIY Pitfalls: Self-made Wills often fail legal requirements, increasing the risk of disputes. An expert Will & Estates Lawyer like ours ensures your Will is valid and legally binding in Queensland.
• Ongoing Review Services: Our team offers scheduled reviews to keep your Will up to date with changes in your life or the law.
• Comprehensive Planning: Professional services go beyond Wills, covering superannuation, tax strategies, trusts, and business succession for complete estate protection.

Protect Your Wishes

Updating a Will isn’t just a legal step but a meaningful commitment. Life changes fast, and failing to update your Will could mean leaving behind confusion, conflict, or unintended consequences. A clear, up-to-date Will helps avoid disputes, distribute assets fairly, and ease the burden on those left behind.

Expert Guidance on Will Updates

At Frigo James Legal, we understand that life evolves, and your estate plan should too. Updating a Will seems straightforward, but if not done properly, legal pitfalls can create chaos. Our Gold Coast Wills & Estates Lawyers can ensure your Will reflects your wishes and complies with current laws.

We can assist with:

• Drafting or updating your Will
• Creating testamentary trusts
• Aligning your Will with your superannuation and business interests
• Minimising the risk of estate litigation

Or, if you simply want peace of mind, we’re here to guide you through every step.

Contact us  today to ensure your Will reflects your wishes and protects the people who matter most.