Victoria Legal Aid

Changing a Will

How you can amend or change your Will and when you should think about changing your Will.

You can change your Will as often as you like.

You can amend your Will with a codicil (a legal document used to change a Will) but the best way to change your Will is to make a new one. Making a new Will automatically cancels your old one.

When you should change your Will

The nature of your relationships may affect how your estate is distributed.

You should also make a new Will if you:

  • get married
  • divorce or separate
  • buy a significant asset or investment
  • get involved in a new business, company or trust.

Marriage

Marrying (or remarrying) automatically cancels your Will, unless your Will clearly shows you were planning this marriage when you made it.

Divorce

There are legal rules about how your Will operates if you get a divorce. Generally, the Will takes effect as if the divorced spouse had died before you. However, it is best to change your Will. Get legal advice.

Separation

If you separate, your former partner will still get your property unless you make a new Will. It is not automatically revoked.

It is important that you make a new Will after the break-up of any relationship so that it cancels your old one.

How to change a Will

If you make a Will and later decide that you want to make changes, you can either:

  • add a codicil to the existing Will
  • revoke the Will and write a completely new one
  • destroy the Will.

Codicils

Codicils are only used to make minor changes to a Will. If you add a codicil to an existing Will, you must make sure that what you add doesn't:

  • cause confusion
  • contradict parts of the original Will.

If the codicil causes confusion, it may be deemed invalid.

Revoking a Will

A Will can be revoked by making another valid Will. See Making a valid Will.

You should state on the new document that you revoke all previous Wills.

Other support

Find out how you can get other support for Wills, estates and powers of attorney.

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Reviewed 10 April 2022

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