Three reasons to update your Will in 2026

With a new year underway, now is the perfect time to revisit your Will and ensure it still reflects your wishes, your family circumstances, and your financial position. 

A Will is not a “set and forget” document. Estate planning needs to keep pace with your life changes, whether gradual or unexpected. Regularly reviewing your Will is one of the simplest ways to protect your loved ones and avoid unnecessary complications down the track. 

Whether you’ve experienced a major life event or your priorities have simply shifted, updating your Will in 2026 could be one of the most important decisions you make this year. 

Below are three common scenarios that often prompt people to review and update their Will. 

Scenario 1 – Has someone entered or left your family? 

Family structures rarely stay the same forever. Over time, relationships evolve, new people join your family, and sadly, others may leave. 

Significant life events such as marriage, separation, divorce, a new child joining the family or the loss of a loved one can all affect how your Will operates. 

In many cases: 

• Marriage can revoke an existing Will, unless it was made in contemplation of that marriage 

• Divorce may partially revoke a Will, particularly provisions relating to a former spouse 

• Separation alone does not automatically change your Will 

If you are separated or expecting to divorce, it is critical to seek legal advice to ensure your estate is protected and your intentions are clear. 

On a more positive note, you may have welcomed a new child or grandchild, or completed an adoption. These changes often prompt people to: 

• Include new beneficiaries 

• Review guardianship arrangements 

• Adjust how assets are distributed 

If your family has changed, your Will should change with it. 

Scenario 2 – Have your financial circumstances changed? 

Your financial position at the time you made your Will may look very different to how it looks today. 

Over the years, people commonly experience: 

• The purchase or sale of a family home or investment property 

• Changes to superannuation or business interests 

• Receiving an inheritance 

• Downsizing or restructuring assets 

• Financial impacts caused by broader economic conditions 

If a specific asset gifted in your Will no longer exists or has significantly changed in value, that gift may fail or cause unintended consequences. 

For example, if you no longer own an asset that is specifically gifted in your Will, or its value has changed dramatically, your intended distribution may not occur as planned. 

Reviewing your Will ensures it aligns with your current estate assets and value, protects beneficiaries, and reduces the risk of disputes. 

Scenario 3 – Have you changed your mind? 

Sometimes the most important changes aren’t financial… they are personal. 

Relationships can shift over time. You may feel differently about: 

• How your estate should be divided 

• Who should benefit, and in what proportions 

• Whether to include or remove a beneficiary 

• Supporting a charity or community organisation 

You may also wish to reconsider: 

• Who is appointed as executor/s, particularly if circumstances or relationships have changed 

• Guardianship arrangements for minor children, which is one of the most important decisions a parent can make 

If a previously nominated guardian or executor is no longer appropriate or able to act, your Will should be updated accordingly. Some people choose to appoint a neutral executor to reduce conflict and ensure the estate is administered properly. 

A change of heart is a valid reason to review your Will, but it must be done correctly. 

Why updating your Will properly matters 

It is essential that any changes to your Will are made formally and legally. 

Simply writing notes on your Will, crossing out clauses, or leaving informal instructions can create confusion, increase the risk of disputes, and in some cases render parts of your Will invalid. 

In many situations, updates can be made quickly and efficiently with the assistance of a lawyer. In others, you may discover that your existing Will already provides the protection you need. That peace of mind alone can be invaluable. 

Get in touch 

Tindall Gask Bentley’s Wills & Estates team assists clients across South Australia, Western Australia and the Northern Territory with: 

• Wills and estate planning 

• Updating and reviewing Wills 

• Powers of Attorney and Advance Care Directives 

• Estate administration and disputes 

If you are unsure whether your Will still reflects your wishes in 2026, now is the time to seek advice. Find out more about our Wills & Estates services or get in touch with our team today. 

Adelaide: (08) 8212 1077 

Perth: (08) 9211 5800 

Darwin: (08) 7929 1000