Updating Your Will
Learn more about updating your will in WA.
When you're ready make a quick enquiry.
- Our Process
- The Law
- Helpful Information
FreePhone case assessment
We’ll have a quick chat over the phone about your assets and possible beneficiaries. We will need to know if it’s your first or subsequent will and can give you an idea on what things might cost. If you’re happy to proceed we can look at booking you a convenient appointment.
Book appointment with our estate lawyers
If it’s clear consulting a solicitor to draft your will would benefit you, we can identify the right one for you and arrange a convenient appointment. We will review any documents you send us and brief them before your arrival to maximise your time with them.
In depth consultation
At your meeting your solicitor will run through your assets and wishes in much more detail to ensure the will is in accordance with legislation to avoid any possible conflicts in the future. Once they have a full overview they can then proceed to professionally draft your will.
Will drafted
Once you are happy you understand your rights and obligations for your will, you might instruct your solicitor to draft the will for you there and then.
It's never too soon to make a will.
Get your affairs in order sooner rather than later to avoid potential legal issues when you're gone.
Lawyers with extensive will drafting experience
Have lawyers with significant will drafting knowledge prepare your last will and testament.
- Past Cases
- Good Results
- Happy Clients
Update Your Will
Wills can be updated at any time if the person has testamentary capacity to make a new will, making a codicil, or destroying your existing will or codicil.
A codicil is a supplementary legal document which can be used to alter an earlier will. It is required to meet the formal requirements under the Wills Act 1970.
If you add a codicil to your Will, it must not cause confusion or contradict any part of the original will as it may affect the validity of the will.
Whether a codicil is determined valid or not, it can come at a high cost to your estate if the Supreme Court needs to resolve any issue relating to the codicil. If the costs of your estate increase, the share of your estate that beneficiaries are entitled to will decrease.
Destroying your existing will or codicil can be risky particularly if you have no valid will in place.
In Plain English
A Will can be updated anytime through the use of a codicil, the making of a new will, or destroying an existing will or codicil.
Codicils which cause confusion or contradict your original will may affect the validity of your wishes. In those circumstances, the Supreme Court will need to decide if the codicil is valid. However, this can be a costly exercise to your estate, and your beneficiaries may be left with less regardless of whether the Court says it is valid or not.
The best way to update your Will is to have a new professionally drafted Will when you want to make an update. This should be done to reflect significant changes in your circumstances.
It's never too soon to make a will.
Get your affairs in order sooner rather than later to avoid potential legal issues when you're gone.
Lawyers with extensive will drafting experience
Have lawyers with significant will drafting knowledge prepare your last will and testament.
- Past Cases
- Good Results
- Happy Clients
Meet with our estate lawyers today
- Learn about the law surrounding wills.
- Understand what is possible and what isn't.
- Decide if you would like to draft your will.
- Recieve your will & peace of mind.
When to update your will
It is best to update your will when your life circumstances change, like when:
- You want to change one of your beneficiaries.
- One of your beneficiaries has died or is not of sound mind.
- Your executor is seriously ill or has died.
- You (or your children) have married, divorced, or entered into a significant and caring relationship.
- You have a new child, stepchild, grandchild, or step-grandchild.
- Your spouse or partner has died.
- You think you may become insolvent.
- You have retired.
- You, your guardian, your executor, or your trustee move interstate or overseas.
- You have acquired new assets, disposed of assets, or established a trust or company.
Reasons to update your will
- As the circumstances in your life changes, your will should be updated to reflect those changes.
- Marriage and divorce will generally revoke a will unless it is explicitly contemplated.
- A well-drafted will should anticipate unfortunate circumstances such as if someone close to you were to die before you.
- Once your child becomes an adult, you may want to reconsider the guardianship clause or whether you wish to change your executor.
When you cannot update your will
A person cannot update their will if they are not of sound mind and lack capacity to make decisions.
Common misconceptions
“If I add what I want or delete what I don’t want in my existing will, it should still be valid.” - If the additions or deletions are significant, or they have not been executed properly in accordance with the requirements of the Wills Act, there is a risk that the update will not take effect or that your will is no longer valid.
“If I don’t update my will, everything will sort itself out from my previous will.” - If you are married or divorced, you Will may no longer be relied on. Similarly, if your executor or beneficiaries die, your Will may no longer have the intended effect.
It's never too soon to make a will.
Get your affairs in order sooner rather than later to avoid potential legal issues when you're gone.
Lawyers with extensive will drafting experience
Have lawyers with significant will drafting knowledge prepare your last will and testament.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged robbery in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our estate lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
It's never too soon to make a will.
Get your affairs in order sooner rather than later to avoid potential legal issues when you're gone.
Lawyers with extensive will drafting experience
Have lawyers with significant will drafting knowledge prepare your last will and testament.
- Past Cases
- Good Results
- Happy Clients
The Law
Update Your Will
Wills can be updated at any time if the person has testamentary capacity to make a new will, making a codicil, or destroying your existing will or codicil.
A codicil is a supplementary legal document which can be used to alter an earlier will. It is required to meet the formal requirements under the Wills Act 1970.
If you add a codicil to your Will, it must not cause confusion or contradict any part of the original will as it may affect the validity of the will.
Whether a codicil is determined valid or not, it can come at a high cost to your estate if the Supreme Court needs to resolve any issue relating to the codicil. If the costs of your estate increase, the share of your estate that beneficiaries are entitled to will decrease.
Destroying your existing will or codicil can be risky particularly if you have no valid will in place.
In Plain English
A Will can be updated anytime through the use of a codicil, the making of a new will, or destroying an existing will or codicil.
Codicils which cause confusion or contradict your original will may affect the validity of your wishes. In those circumstances, the Supreme Court will need to decide if the codicil is valid. However, this can be a costly exercise to your estate, and your beneficiaries may be left with less regardless of whether the Court says it is valid or not.
The best way to update your Will is to have a new professionally drafted Will when you want to make an update. This should be done to reflect significant changes in your circumstances.
It's never too soon to make a will.
Get your affairs in order sooner rather than later to avoid potential legal issues when you're gone.
Lawyers with extensive will drafting experience
Have lawyers with significant will drafting knowledge prepare your last will and testament.
- Past Cases
- Good Results
- Happy Clients
Helpful Information
Meet with our estate lawyers today
- Learn about the law surrounding wills.
- Understand what is possible and what isn't.
- Decide if you would like to draft your will.
- Recieve your will & peace of mind.
When to update your will
It is best to update your will when your life circumstances change, like when:
- You want to change one of your beneficiaries.
- One of your beneficiaries has died or is not of sound mind.
- Your executor is seriously ill or has died.
- You (or your children) have married, divorced, or entered into a significant and caring relationship.
- You have a new child, stepchild, grandchild, or step-grandchild.
- Your spouse or partner has died.
- You think you may become insolvent.
- You have retired.
- You, your guardian, your executor, or your trustee move interstate or overseas.
- You have acquired new assets, disposed of assets, or established a trust or company.
Reasons to update your will
- As the circumstances in your life changes, your will should be updated to reflect those changes.
- Marriage and divorce will generally revoke a will unless it is explicitly contemplated.
- A well-drafted will should anticipate unfortunate circumstances such as if someone close to you were to die before you.
- Once your child becomes an adult, you may want to reconsider the guardianship clause or whether you wish to change your executor.
When you cannot update your will
A person cannot update their will if they are not of sound mind and lack capacity to make decisions.
Common misconceptions
“If I add what I want or delete what I don’t want in my existing will, it should still be valid.” - If the additions or deletions are significant, or they have not been executed properly in accordance with the requirements of the Wills Act, there is a risk that the update will not take effect or that your will is no longer valid.
“If I don’t update my will, everything will sort itself out from my previous will.” - If you are married or divorced, you Will may no longer be relied on. Similarly, if your executor or beneficiaries die, your Will may no longer have the intended effect.
It's never too soon to make a will.
Get your affairs in order sooner rather than later to avoid potential legal issues when you're gone.
Lawyers with extensive will drafting experience
Have lawyers with significant will drafting knowledge prepare your last will and testament.
- Past Cases
- Good Results
- Happy Clients
