A will says who gets your assets and who looks after your dependants when you die. Without one, the law decides—and that may not match your wishes. Here’s why it matters and some basics about jurisdiction and when a will can become invalid.
Why have a will?
A valid will lets you choose who inherits your estate, who cares for minor children, and who administers your affairs (your executor). If you die without a will (intestate), your state or territory’s rules decide who gets what. That can mean delays, extra cost, and outcomes you wouldn’t have chosen.
Jurisdiction: which law applies?
Wills are governed by state and territory law in Australia. Generally, the law of the place where you live when you die (your domicile) applies to your Australian assets. If you own property or assets in another state or country, that place’s rules may also apply. Having assets or family in more than one place can get complex—a solicitor can advise on what you need (e.g. one will or more, and where it should be made).
What events can make a will void or ineffective?
Certain events automatically revoke or change the effect of a will:
Marriage — In most Australian jurisdictions, marrying after you made a will can revoke that will unless the will was made in contemplation of that marriage. So after you marry, make a new will or update the existing one.
Divorce — Divorce does not always revoke the whole will, but in many states it cancels any gift or appointment of your former spouse. You should still make a new will after divorce to reflect your current wishes.
Making a new will — A later valid will normally revokes an earlier one (in whole or in part, depending on how it’s written). Destroying your will with the intention of revoking it can also make it void.
Invalid execution — Wills must be signed and witnessed in the way the law requires. If the formalities weren’t followed, the will may be invalid. Courts can sometimes remedy minor defects, but it’s safer to get it right from the start.
Capacity and undue influence — You must have mental capacity when you make the will, and it must reflect your own wishes. If someone challenges the will on the basis of lack of capacity or undue influence, a court may set it aside.
When should I update my will?
Review your will when your circumstances change: marriage, divorce, new children, a beneficiary dies, or a big change in assets. Even without a major event, a check every few years helps keep it current. Store it somewhere safe and tell your executor where it is.