A Will is not a document you sign once and forget. Some life events change or even cancel it automatically, and others leave it in place while it no longer reflects what you want. The rules are set by each state and territory, but the main points are similar across Australia.
Marriage usually cancels your Will
In every Australian state and territory, getting married revokes a Will made before the marriage. The exception is a Will made in contemplation of that marriage. Many couples who marry after making a Will are unaware that they now have no Will at all, and their estate would pass under intestacy rules.
Divorce changes your Will, but separation does not
In most states and territories, a divorce cancels gifts to your former spouse and their appointment as executor or trustee, unless your Will shows a different intention. The rest of the Will stays in place. Some gifts, such as appointing a former spouse as trustee for your children, may survive.
Separation alone does not change your Will. Divorce cannot be applied for until you have been separated for at least 12 months. If you die during that time, a spouse you have separated from may still inherit and act as executor. Updating your Will promptly after separating is therefore important.
The rules for de facto relationships vary more between states. Do not rely on the law to fix an outdated Will.
Other events that should prompt a review
- Children and grandchildren. New family members, or a child with special needs.
- Your executor. If your executor has died, become unwell or moved overseas.
- Overseas assets or a move. Buying property overseas, migrating, or changing your tax residence can affect which Will governs which assets.
- Business and trusts. Starting or selling a business, or control of a family trust.
- Superannuation. Super does not automatically form part of your estate, so check your nominations at the same time.
- Tax changes. The 2026 proposals on discretionary trusts affect how testamentary trusts are drafted.
- Powers of attorney. Whether separation or divorce cancels an enduring power of attorney depends on the state, so review those documents too.
A simple rule of thumb
Review your Will every three to five years, and always after marriage, separation, divorce, a death in the family, or a major change in assets or residence.
Related reading
Chua Tan Associates prepares and reviews Wills for families in every Australian state and territory, including families with assets and relatives overseas. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal advice. Federal family law applies across Australia; Western Australia has its own family court legislation for de facto couples, and state laws differ for Wills.
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