How to Change a Will: The Safe and Legal Way to Update Your Will
Life rarely stands still. Relationships change, assets grow, and families expand. A Will that was perfect for you five years ago might be completely inadequate today.
Many Australians ask: “Can I just cross out a name and write in a new one?”
The short answer is: No. Making informal changes to your original Will documents can render them invalid, leading to legal chaos for your family after you are gone.
At [Insert Your Firm Name, e.g., LawDocs], we ensure your final wishes are legally watertight. This guide explains the correct methods to update your Will in New South Wales and Australia.
The Two Ways to Change a Will
Legally, there are only two valid ways to change your Will.
1. Making a Codicil (The “Add-On” Method)
A Codicil is a separate legal document used to make minor changes to an existing Will.
It acts like an “amendment” or a “PS” note.
It must be signed and witnessed with the same formalities as a full Will.
- When to use it: Only for very minor, simple changes (e.g., changing one executor’s name).
- The Risk: Codicils can be separated from the original Will or lost, and may create confusion if they contradict the main Will.
- Our Advice: Most modern estate lawyers do not recommend Codicils due to the risk of confusion.
2. Making a New Will (The Preferred Method)
The safest and cleanest way to change your Will is to revoke the old one and create a new document.
- The “Revocation Clause”:
Your new Will should include:
“I hereby revoke all former Wills and testamentary dispositions made by me.” - The Benefit: This removes doubt about your intentions and gives your executor one clear document to follow.
- Cost: With modern legal technology, drafting a new Will is often as cost-effective as making a complex Codicil.
WARNING: Never Write on Your Original Will!
This is the most common mistake we see.
Do NOT:
- ❌ Cross out names with a pen.
- ❌ Use correction fluid (Wite-Out).
- ❌ Staple or paperclip new notes to the Will.
- ❌ Write instructions on the envelope.
Why? In NSW, any alteration made to a Will after it has been signed is presumed
to be invalid unless strict evidence rules are met. Even a rusty paperclip mark can cause
the Supreme Court to question whether pages are missing, delaying Probate and increasing costs.
Does Marriage or Divorce Automatically Change My Will?
This is a complex area of law in NSW under the Succession Act 2006,
and many people get it wrong.
generally REVOKES (Cancels) your Will entirely. If you marry and die before making a new Will, you die “intestate” (without a Will).
Exception: If your Will explicitly states it was made “in contemplation of marriage.”
generally DOES NOT revoke the whole Will, but it cancels the parts that refer to your ex-spouse. It treats your ex-spouse as if they had died before you.
Note: Separation (without official divorce) does NOT change your Will. Your separated spouse could still inherit everything unless you update your Will immediately.
How to Change a Will: The Step-by-Step Process
Locate your current Will: Review what it currently says.
List your changes: Decide who you want to add, remove, or change.
Consult a Lawyer: Don’t rely on DIY kits for amendments. The risk of invalidity is too high.
Draft a New Will: A lawyer will draft a fresh document that revokes previous versions.
Sign and Witness: You must sign the new Will in the presence of two witnesses who are not beneficiaries.
Destroy the Old Will: Once the new one is valid, destroy the old copies to avoid confusion.
Frequently Asked Questions (FAQ)
The cost depends on the complexity. A simple update (creating a new standard Will) is very affordable. Contact [Firm Name] for our current fixed-fee rates.
To change a Will, you must have “Testamentary Capacity.” If a doctor determines you do not understand the nature of the document, you cannot legally change it. This is why you should update your Will whilst you are healthy.
Yes, but it is not automatic. Unlike children or spouses, grandchildren are not automatically considered “Eligible Persons” under the Succession Act 2006. To contest the will, a grandchild must usually prove that they were, at some stage, wholly or partly dependent on the deceased person. The court will also consider if there are specific moral obligations to provide for the grandchild, such as if they cared for the grandparent.
Stepchildren are not explicitly listed as automatic eligible persons in the same way biological or adopted children are. However, a stepchild can contest a will if they can prove they were a member of the deceased’s household at some point AND were dependent on the deceased. This often requires detailed evidence of the family dynamic and financial support.
Need to Update Your Will?
Life changes fast. Ensure your Will keeps up to protect your loved ones.
LawDocs makes updating your Will simple, secure, and legally binding.
✅ LawDocs: Estate Planning Made Easy
Don’t risk a DIY disaster. Get professional drafts suitable for NSW jurisdiction.
📞 Get started today: Call 1300 27 00 88 🌐 Visit: www.lawdocs.au
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