Does Your Will Need to Be Updated in 2026?
As we step into a new year, it’s the perfect time to reflect not only on personal goals but also on whether your estate planning documents still reflect your current wishes. One of the most common questions I get asked is: “Does my Will need to be updated?” And if you already have a Will, this article is your gentle nudge to pull it out and review it.
At Vicca Law, we recommend reviewing your Will annually. In fact, all our clients receive a yearly “Will anniversary” email with a checklist and a copy of their documents to help them reassess whether any changes are needed. Even if you didn’t prepare your Will with us, it’s a good habit to get into.
Here are the most common reasons your Will might need an update:
1. Relationship Changes
Changes in your relationship status are one of the most significant reasons to review your Will.
Getting married? Your existing Will is automatically revoked under Queensland law, so you'll need a new one.
Entering into a de facto relationship? After two years of living together, your partner has rights under the Succession Act 1981 (Qld) and may be entitled to administer your estate or contest the Will.
Separating or divorcing? Update your Will straight away. Divorce doesn’t impact your Will until the dissolution of marriage is final, so you could unintentionally leave assets to an ex-partner if you don't revise it.
2. Changes to People Named in Your Will
If someone you've named in your Will, such as an executor or beneficiary, has passed away, moved overseas, or you're no longer in contact with them, it’s time for an update.
Executors living overseas can cause tax implications. The ATO may classify your estate as a foreign trust, leading to adverse tax treatment.
Beneficiaries living overseas, particularly if they are foreign residents for tax purposes, may not be eligible to receive residential property in your estate.
These seemingly small details can have big consequences.
3. Guardianship for Minor Children
Children grow up, families expand, and relationships evolve. If you named guardians for your children when they were babies, and now they're school-aged or you’ve had more children, it's important to reassess your guardianship wishes.
Many people initially name their parents as guardians—but as time passes and everyone ages, they may no longer be the best choice. Reviewing your guardianship clause regularly ensures the right people are in place to care for your children if needed.
4. Specific Gifts or Clauses
If you’ve gifted a specific asset (like a property or item of sentimental value) and no longer own it, or if your intentions have changed, your Will may need to be updated. This includes clauses like a Right to Reside or a charitable gift.
5. You've Had a Change of Heart
Sometimes, people simply want to change an executor, adjust how an estate is divided, or remove or add a beneficiary. Even minor updates can have a major legal impact, so don’t leave them until it’s too late.
Can’t I Just Tweak My Will?
If you’re already a Vicca Law client, updating your Will for a name change or simple amendment is quick and easy. But if you prepared your Will elsewhere or it’s been many years, we’ll likely need to start fresh. That’s because to give you accurate advice, we need a full picture of your assets, liabilities, family structure, and goals. What seems like a “quick fix” may have deeper implications.
Don’t Leave It Too Late
I’ve worked with too many families where a loved one intended to update their Will, made an appointment, but sadly passed away before signing the new version. Unfortunately, the old Will remains legally binding even if it no longer reflects their wishes. A missed opportunity to update can cause family tension, costly disputes, or unintended consequences.
If you’re unsure whether your Will still does what you want it to, take that as your sign to act.
Let 2026 be the year you get your estate plan right. Your future self and your loved ones will thank you.