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How Often Should You Review Your Will? A Complete Guide for Queenslanders
Your Will isn’t a one-time document, it should grow and adapt as your life does. Whether you created your Will five years ago or just last year, regular reviews are essential to ensure your wishes remain current and your loved ones are protected. At Aylward Game Solicitors, our experienced Wills and Estate Planning team, led […]
How Often Should You Review Your Will? A Complete Guide for Queenslanders
Your Will isn’t a one-time document, it should grow and adapt as your life does. Whether you created your Will five years ago or just last year, regular reviews are essential to ensure your wishes remain current and your loved ones are protected.
At Aylward Game Solicitors, our experienced Wills and Estate Planning team, led by Accredited Specialist Ian Field and dedicated estates solicitor Kauri Burgess, helps Queensland families across Brisbane, Gold Coast, and Sunshine Coast keep their estate plans up to date.
Why Reviewing Your Will Matters?
Your Will is one of the most crucial legal documents you will ever prepare. It directs how your assets will be distributed, who will care for your children, and who will manage your estate. When life circumstances change, an outdated Will can lead to unintended consequences, family disputes, and costly legal battles.
Many Queenslanders create their Will and treat it as set and forget. However, this approach can leave your estate vulnerable to challenges and may not reflect your current wishes or family situation.
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How Often Should You Review Your Will?
Estate planning experts recommend reviewing your Will every two to three years as a standard practice. Certain life events should trigger an immediate review, regardless of when you last updated your documents.
The Queensland Law Society suggests that even if your circumstances haven’t changed, a regular review ensures your Will complies with current legislation and adequately protects your interests.
Life Events That Require an Immediate Will Review
Marriage or Entering a De Facto Relationship
Under Queensland’s Succession Act 1981, marriage automatically revokes any Will you made before getting married, unless that Will was specifically made in contemplation of marriage to your current spouse.
This means if you married after creating your Will, and it wasn’t prepared with that marriage in mind, your Will is likely invalid. Without a valid Will, your estate would be distributed according to intestacy rules, which may not align with your wishes.
De facto relationships also create legal obligations. While entering a de facto relationship doesn’t automatically revoke your Will, your partner may have claims against your estate under family provision legislation.
Separation, Divorce, or Relationship Breakdown
Separation alone does not revoke provisions in your Will favouring your former partner. Under section 15A of the Succession Act 1981, divorce revokes any appointment of your former spouse as executor and any gift to them, but only once the divorce is finalised.
If you’ve separated but not yet divorced, your ex-partner could still inherit under your existing Will. Updating your Will immediately upon separation protects your estate from unintended beneficiaries.
Birth or Adoption of Children
Welcoming a child into your family is a joyous occasion that requires immediate estate planning attention. You’ll need to update your Will to include your new child as a beneficiary and appoint appropriate guardians.
When reviewing your Will after having children, consider who you trust to raise them if something happens to you. Grandparents are often named as guardians, but if your Will isn’t updated regularly, those guardians may no longer be capable of caring for young children.
You should also consider appointing trustees to manage any inheritance your children receive until they reach an appropriate age. Under Queensland law, minors cannot directly receive substantial assets, making proper trustee appointments essential.
Children Reaching Adulthood
When your children turn 18, they reach the age of majority in Queensland. This milestone is an ideal time to review how your estate will be distributed and whether you’d like to appoint your adult children as executors or trustees.
You may also wish to consider whether testamentary trusts would benefit your adult children by providing asset protection, particularly if they’re in high-risk professions or relationships.
Death of Beneficiaries or Executors
If someone named in your Will passes away, whether a beneficiary, executor, or appointed guardian, your Will needs updating. Without proper substitutes named, your estate plan may fail, causing unnecessary complications for your loved ones.
This is particularly important for executors. If your appointed executor has died or is no longer capable of fulfilling their duties, you need to nominate a replacement who can properly administer your estate.
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Significant Asset Changes
Major changes to your financial position warrant a Will review. This includes:
- Purchasing or selling property
- Starting or closing a business
- Receiving an inheritance
- Establishing a self-managed superannuation fund (SMSF)
- Creating trust structures
- Significant changes in asset values
If you’ve made specific gifts of property in your Will and later sell that property, the gift fails, potentially leaving a beneficiary with nothing when you intended to provide for them.
Relocation, Interstate or Overseas
While Australian states generally recognise Wills made in other jurisdictions, each state has specific legislation governing estate administration. If you’ve moved from another state to Queensland, reviewing your Will ensures it complies with Queensland’s Succession Act 1981 and related legislation.
Queensland has unique rules regarding Will challenges, executor duties, and estate distribution that may differ from those in your previous state. A review with a Queensland estates lawyer ensures your Will functions as intended under local law.
Changes in Relationships with Beneficiaries or Executors
Relationships evolve over time. Someone you trusted as an executor ten years ago may now live overseas, suffer from illness, or no longer be the right person for the role.
Similarly, if your relationship with a beneficiary has changed significantly, whether through estrangement or improved circumstances, your Will should reflect your current wishes while properly documenting your intentions to minimise the risk of challenges.
Tax Law and Legislative Changes
Estate planning legislation constantly evolves. Recent years have seen significant changes to superannuation death benefit rules, family provision laws, and taxation of deceased estates.
Regular reviews with experienced estate solicitors like those at Aylward Game ensure your Will incorporates current legal protections and tax-effective strategies to maximise what your beneficiaries receive.
Special Considerations for Queensland Estates
Superannuation and Death Benefits
Your superannuation is not automatically included in your estate. Under the Superannuation Industry (Supervision) Act 1993, superannuation is dealt with separately through binding death benefit nominations.
Many super funds require these nominations to be renewed every three years. If your nomination lapses, the trustee decides how to distribute your super, potentially not according to your wishes.
Coordinating your Will with your superannuation strategy is crucial, particularly as super often represents the largest asset in many estates.
Family Provision Claims
Queensland’s Succession Act 1981 allows certain people to challenge a Will if they haven’t been adequately provided for. Eligible applicants include spouses, children, stepchildren, and dependents.
Regular Will reviews help ensure you’ve considered all potential claimants and can document your reasons for your distribution decisions, which may protect your estate from successful challenges.
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The Real Risks of Outdated Wills
An outdated Will can create serious problems:
- Unintended Beneficiaries: Your ex-partner or estranged family members might inherit against your wishes.
- Invalid Provisions: Gifts of assets you no longer own will fail, leaving some beneficiaries without provision.
- Unsuitable Executors: Aged, incapacitated, or overseas executors may struggle to administer your estate.
- Family Disputes: Ambiguity or outdated provisions often lead to costly litigation between beneficiaries.
- Intestacy: If your Will is invalid, Queensland’s intestacy provisions determine distribution, which may not reflect your wishes.
How to Review Your Will Effectively?
When reviewing your Will with your solicitor, prepare by considering:
- Current family relationships and any changes
- Your complete asset portfolio, including superannuation
- Recent marriages, divorces, or relationship changes
- Birth or adoption of children or grandchildren
- Deaths of named executors, guardians, or beneficiaries
- Your current executor’s capability and willingness to serve
- Guardian suitability for minor children
- Any business interests or trust structures
- Interstate or overseas relocation
- Changes in beneficiaries circumstances
- Your current charitable giving intentions
Why Choose Aylward Game Solicitors?
Aylward Game Solicitors offers expert legal services across Brisbane, Gold Coast & Sunshine Coast. Led by Ian Field, an Accredited Specialist in Family Law, Wills & Estates, and Kauri Burgess, a seasoned Wills & Estates solicitor, our team ensures trusted, compassionate legal advice for all your estate planning and family law needs.
Contact Aylward Game Solicitors now to schedule a consultation with our experienced legal team.
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About Ian Field
Ian Field is an Accredited Specialist Family Lawyer with extensive experience in family law and wills & estates law. With a background in both the UK and Australia, Ian provides practical, compassionate legal advice, specialising in complex family matters and estate planning.
About Kauri Burgess
Kauri Burgess is a skilled Wills & Estates solicitor with nearly a decade of experience. Specialising in estate planning, probate, and estate disputes, Kauri brings a holistic approach to her clients, ensuring their wishes are respected and legacies preserved.
Frequently Asked Questions About Review Your Will
Why should I review my Will?
Review your Will to ensure it reflects your current life circumstances, relationships, and assets.
How often should I review my Will in Queensland?
It’s advisable to review your Will every 3-5 years, or more frequently after significant life changes.
When should I update my Will after marriage?
Marriage revokes your Will, so you must update it after getting married to ensure it reflects your wishes.
Do I need to update my Will after the birth of a child?
Yes, the birth of a child or grandchild should prompt an immediate update to include them as beneficiaries.
What happens if I don’t update my Will?
Failing to update your Will can lead to unintended distributions of your estate, causing confusion and possible legal disputes.
Is it necessary to review my Will after a divorce?
Yes, divorce revokes any provisions for a former spouse in your Will, so review it post-divorce.
How do I update my Will in Queensland?
Consult with an estate planning lawyer to ensure your Will is updated according to current laws and your personal situation.
Should I review my Will after buying a house or property?
Yes, new assets like a house or property should be reflected in your Will to ensure they’re properly distributed.
Can I review my Will without a lawyer?
While you can update your Will independently, it’s best to consult with a lawyer to ensure the changes are legally valid.
Conclusion
Reviewing your Will is a crucial part of managing your estate and ensuring that your wishes are respected. Life changes, financial adjustments, and the birth of children are all important reasons to review your Will regularly.
Get Ahead with Expert Legal Guidance
Trust Aylward Game Solicitors to Navigate Your Legal Challenges
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