Updating a Will in Australia: New Will or Codicil?

A will isn't a document you make once and forget. Marriage, divorce, children, a house, or the death of someone you named can all change whether your will still does what you want, and in some cases the law changes it for you. This page explains how to update a will, the difference between a new will and a codicil, and what each state's law says about marriage and divorce, from the Acts and official pages we read on 30 October 2026.

This is general information, not legal advice. Will and power of attorney rules differ by state and territory. For advice on your situation, speak to a lawyer or your state's Public Trustee. AustralianWillKit.com.au is an independent guide operated by Dominet BV. We aren't a law firm, we don't sell wills or kits, and we don't draft wills. No link on this site is an affiliate link right now. We may earn a commission from will providers in future when a reader buys through a link on this site. If that happens we'll label those links and explain it in our affiliate disclosure, and it won't change the facts we publish. Rules, fees and prices were checked on official and provider websites on 30 October 2026 and can change. Read our general information notice.

New will or codicil?

Victoria Legal Aid's changing a will page says you can change your will as often as you like, and sets out three ways to do it:

• add a codicil to the existing will
• revoke the will and write a completely new one
• destroy the will

It says codicils are only for minor changes, that a codicil mustn't cause confusion or contradict parts of the original will, and that a confusing codicil may be invalid. It says the best way to change a will is to make a new one, because making a new will automatically cancels the old one, and that the new will should state that you revoke all previous wills.

Legal Aid NSW also says a will doesn't expire and can be updated with a codicil or a new will. It adds that an attorney or enduring guardian can't update your will for you.

A codicil has to be signed and witnessed in the same way as a will. If you're going to the trouble of finding two witnesses anyway, a fresh will is usually cleaner.

Don't write on your signed will

Queensland Public Trustee's FAQs warn against writing changes on your original will, because alterations can cause problems after you die, and suggest making a new will instead. In Victoria, the Wills Act 1997 requires an alteration to be executed like a will. A crossed-out name or a handwritten note in the margin, without proper witnessing, may simply be ignored, or may cast doubt on the rest of the document.

When to review your will

NSW Trustee and Guardian's wills page suggests reviewing your will every five years, and after events such as marriage, having children, a change in your finances, separation or divorce. Victoria Legal Aid suggests making a new will if you:

• get married
• divorce or separate
• buy a significant asset or investment
• get involved in a new business, company or trust

We'd also check a will after the death of an executor or beneficiary, a move to another state, or a child turning 18.

Marriage and your will

In every state whose Act we read, marriage revokes an existing will, with exceptions for wills made in contemplation of the marriage:

We didn't summarise Tasmania's marriage and divorce sections for this site. Check the Wills Act 2008 (Tas) or ask Public Trustee Tasmania.

In Victoria, Queensland and the NT, a gift to the person you're married to at your death survives the revocation. Even so, the simplest course is to make a new will when you marry, or one that says it's made in contemplation of a named marriage.

Divorce and your will

Divorce works differently from marriage. In most states it cancels only the parts of the will that benefit or appoint your former spouse:

Victoria Legal Aid says that generally the will then takes effect as if the divorced spouse had died before you, but that it's best to change your will and get legal advice. WA is the outlier. If you divorce in WA and don't make a new will, you may have no will at all. See our WA page.

Separation without divorce

Separation alone doesn't revoke a will in NSW or Victoria. Legal Aid NSW says a will stays valid after separation, including any gift to the person you separated from, until a divorce or a new will. Victoria Legal Aid says that if you separate, your former partner will still get your property unless you make a new will, and that it's important to make a new will after the break-up of any relationship.

If you've separated and don't want your former partner to inherit, make a new will now rather than waiting for a divorce.

Updating an online will

The two paid online services we checked let you edit your answers and print a new version. Safewill's pricing page lists updates at $15 a year after a free first year, and Willed's pricing page lists unlimited edits for twelve months, then $15 a year. Either way, the change only takes effect when you print the new will and sign it in front of two witnesses. Editing an online account doesn't change your will. Destroy or clearly mark the old signed original once the new one is signed, so there's no confusion about which is current.

Moving to another state

If you move interstate, check your will against your new state's rules and ask your new state's Public Trustee if you're unsure. Some differences that matter, from the Acts and official pages we read:

• whether a beneficiary who witnessed the will keeps their gift differs, with Queensland, Tasmania and the NT voiding the gift unless an exception applies
• WA revokes the whole will on divorce, where other states revoke only the parts about the former spouse
• the ACT requires witnesses to sign in each other's presence
• powers of attorney are state documents, and the SA Government says not every state accepts every other state's powers of attorney

After a move, read the page for your new state: NSW, Victoria, Queensland, WA, SA, Tasmania, ACT or NT.

Keeping track of the current version

Date every will when you sign it, as Victoria Legal Aid suggests, and start each new will by revoking all earlier wills. Tell your executor where the current signed original is kept. If a Public Trustee or lawyer holds an older will for you, let them know you've made a new one.

Frequently asked questions

How often should I update my will?

NSW Trustee and Guardian suggests every five years, and after events such as marriage, children, a change in finances, separation or divorce.

Can I just cross something out on my will?

Not safely. Queensland Public Trustee warns that alterations can cause problems after you die. Make a new will instead.

Does getting married cancel my will?

In every state whose Act we read, yes, unless the will was made in contemplation of that marriage.

Does divorce cancel my will?

In most states it cancels gifts and appointments to your former spouse. In WA it revokes the whole will unless a contrary intention appears.

Is a codicil legal?

Yes, if it's signed and witnessed like a will. Victoria Legal Aid says codicils should only be used for minor changes.