How do I change or cancel my will?

Having your wishes expressed and estate dealt in the event of our death is important. Your will is your chance to let those left behind know what you want in terms of beneficiaries and wishes relating to family related matters, funeral arrangements, and more.

Getting your will sorted sooner is better than later

Timing is crucial when it comes to making a will. Some people wait until they are older before they look at making a will, as we all like to assume that we will live to a ripe old age. This is unfortunately not always the case due to things such as illness or injury. Without a will in place our worldly possessions could end up in the wrong hands and our final wishes may never be known. This is why it is important to make your will sooner rather than later.

Need to make a change?

Nothing is set in stone, and what you write in your will may need to be changed over time, as your circumstances and situation change over the years. Luckily, changing or even to cancelling your will is a simple affair.

Should I change my will?

Making a will is a hugely important process, as it provides you with a legal channel to express what you want after your death. Everything from beneficiaries of your estate through to your wishes with regards to your funeral, family arrangements, organ donation, and much more.

If you make your will at an earlier age is that there is more time for your circumstances to change. This means that you will most likely need to make changes to your will.

Anything from a divorce to marriage, adoption or changes in wealth will need to be accounted for to be sure your will remains up to date and covers your entire estate. There is no problem with making changes to your will – some people do this many times throughout their lives!

• You get married or divorced
• Changes in relationships with beneficiaries
• The needs of your children or family changes
• Changes to your assets and wealth
• Changes to your wishes in terms of various issues such as organ donation, your funeral, who you want as executor, etc.
• Changes to your business or career
• Changes in your financial situation
• The addition of things such as insurance policies
• Joining or leaving a superannuation scheme
• The death of beneficiaries named in your will

Making changes to your will

If you find that you do need to make changes to your will, you need to bear in mind that there are a number of ways in which this can be done. You need to determine which of these methods is going to be suitable for you.

The options include:

• Making changes to the original will: Although you can make changes to the original will, this can be a messy process and many people therefore recommend avoiding this particular option.
• Adding to the will: You can make a legal addition to your existing will, which is known as a codicil. This is something that is best done with the help of a lawyer due to certain rules that are attached. It must also be signed and witnessed in the same way as the original will.
• Making a new will: You may find that the easiest option is to make a new will altogether, particularly if you have substantial changes to make to the will. This will automatically mean that the original will become null and voice and your newest will becomes the one that is legally valid

How to revoke or cancel your will

A will remains in force until you make formal changes to it or revoke it. If your circumstances change, it doesn't alter the will. The only exceptions to this is when you marry or divorce. Here are the main ways in which you can revoke (cancel) a will:

Revoking by marriage

If you get married or you remarry, your will written prior to the marriage may be cancelled. If you're making a will in anticipation of marriage, you should consult a lawyer. If you marry after making a will that was not made in anticipation of the marriage but you want it to stay the same, you should still make a new one.

Revoking by divorce

A divorce will not revoke the whole will but it will revoke any gift to your former spouse and they will no longer be considered an executor, trustee or guardian, unless you specify otherwise.

Revocation by another will

When you write a new will, most will have a clause revoking the prior will. In most circumstances, this is relatively straightforward.

Revocation by declaration in writing

Any writing declaring an intention to revoke or cancel a will is ordinarily sufficient, executed in accordance with the proper legal requirements (section 6).

Keep in mind that once a will has been signed, you can't alter or cross out writing in new clauses. To alter it, the will-maker and witnesses must sign in the margin or near the alteration to ensure any changes are legal. If this isn't done, the alteration will not be effective.

Revocation by destruction

To revoke by destruction, the person who made the will must fully intend to destroy the will, and actually destroy it. To destroy a will, you need to actually rip, shred or cut up the will so that the important parts of it are not legible.

Frequently Asked Questions

• What happens if I die without updating my will after a significant life event?

  If your will is not updated to reflect significant life changes, such as new children, new assets, or altered relationships, your estate may not be distributed according to your current wishes. This can lead to unintended beneficiaries inheriting your assets, key people being excluded, or disputes among family members.

• How much does it cost to change or make a new will?

  The cost to change or make a new will can vary significantly depending on the complexity of your estate and the method you choose. Simple changes through a codicil may be less expensive than drafting an entirely new will. Using an online will kit or a public trustee service might be a lower-cost option, typically ranging from a few hundred dollars. Engaging a lawyer for a more complex estate or for professional advice can range from hundreds to thousands of dollars. It is important to consider the value of ensuring your will is legally sound and reflects your exact wishes, which often outweighs the cost.

• What is a codicil and when should I use one?

  A codicil is a legal document used to make minor amendments or additions to an existing will without completely rewriting it. You should consider using a codicil when you have small changes to make, such as updating a beneficiary's address, adding a minor gift, or changing an executor's contact details. However, if you have substantial or multiple changes to make, creating a new will is often the clearer and safer option to avoid confusion or potential legal challenges. A codicil must be signed and witnessed in the same formal way as your original will to be legally valid.

• Where should I store my will after making changes?

  After making changes or creating a new will, it is crucial to store the original document in a safe and accessible place. Many people choose to store their will with their solicitor, a professional will storage service, or a public trustee. If you keep it at home, ensure it is in a secure, fireproof location that your executor knows about but is not easily accessed by others. It is generally not advisable to store your will in a bank safe deposit box, as access can be difficult after your death. Always inform your executor and close family members where the original will is stored.

• Can I make changes to my will myself without a lawyer?

  While it is technically possible to make simple changes to a will yourself or by using an online will kit, it is highly recommended to seek professional legal advice. Wills are complex legal documents, and any errors in drafting, signing, or witnessing can render them partially or wholly invalid. Using a lawyer ensures that your changes comply with all legal requirements in your state or territory and accurately reflect your intentions. This minimises the risk of future disputes or unintended consequences for your estate and beneficiaries.

• What happens if I lose my original will?

  If your original will is lost and cannot be found after your death, there is a legal presumption that you intended to revoke it by destruction. This means your estate might be treated as if you died without a will, leading to it being distributed according to the rules of intestacy rather than your stated wishes. While it may be possible for a court to admit a copy of the will to probate, this is a complex and often costly process. If you lose your original will during your lifetime, you should immediately make a new will to avoid these potential complications.

• Is a handwritten change to my will legally binding?

  Generally, a handwritten change made directly onto an existing will is not legally binding unless it is properly executed, meaning signed and witnessed in the same formal manner as the original will. Simply crossing out a name, adding a new clause, or writing notes on your will without proper witnessing and signatures will not make those changes valid. To ensure any alterations are legally effective, they must adhere to the formal requirements for changing or revoking a will, which typically involves a codicil or a new will.

• What if my appointed executor dies or becomes unable to act?

  If your appointed executor dies or becomes unable to carry out their duties, your will should ideally have named an alternate executor to step into the role. If no alternate is named, the process of administering your estate can become more complicated and potentially involve a court application to appoint an administrator. This can cause delays and additional costs for your estate. It is a critical reason to regularly review and update your will, ensuring you have at least one or two alternate executors named who are willing and able to act.

Written by

Maurice Thach

Publisher

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Maurice Thach was a publisher at Finder who covered anything that sounds hard to compare. This includes life insurance policies, side hustle ideas and energy plans. Maurice has a Bachelor of Commerce from the University of New South Wales, a Tier 2 General Insurance certification and a Tier 1 Life Insurance certification. Outside of work, you'll probably find Maurice hitting up the nearest basketball court. See full bio