Many people put a Will in place at an important moment in their lives — after buying property, starting a family, or building a business. At the time, it feels reassuring to have something documented and “sorted”.
What often goes unnoticed is how much can change over the next decade. Family structures evolve, assets are acquired or restructured, and roles that once felt appropriate may no longer reflect how life actually looks today. In reality, a Will that is more than 10 years old is often technically valid but may be practically misaligned with the life, assets and family circumstances it is meant to govern.
We regularly assist families where a Will made 10 or more years ago still exists, but no longer aligns with current circumstances. In some cases, this only becomes apparent after death — when executors and beneficiaries are left navigating uncertainty, delay, or avoidable tension.
Why older Wills often fall Out of Step
Across Australia, a properly executed Will does not expire simply because of age. However, the law looks at more than validity alone.
An older Will may no longer:
– reflect your current asset position,
– deal appropriately with superannuation and death benefits,
– align with family structures or relationships,
– account for trusts, companies or changed ownership structures,
– provide suitable control mechanisms for beneficiaries.
When this occurs, the estate may still be administered — but not in the way that reflects your original intentions.
How Life Changes can affect what your Will Actually Does
For most people, the biggest changes are gradual rather than dramatic. Over a 10-year period, it is common to see shifts such as:
– significant growth or change in asset values,
– acquisition or disposal of property,
– changes in superannuation arrangements,
– evolving family dynamics (including adult children, new partners or blended families),
– changes in personal or financial capacity.
If your Will was drafted before these changes, it may no longer provide the structure, flexibility or protection that is now required.
Executors and trustees may no longer be appropriate
Older Wills often appoint executors or trustees based on circumstances that no longer apply.
For example:
– the appointed person may now be elderly, unwell, or no longer suitable,
– relationships may have changed,
– the complexity of the estate may now exceed what was originally contemplated.
In more complex estates, the choice of executor or trustee can materially affect how smoothly (and cost-effectively) the estate is administered.
Superannuation and estate planning rarely stand still
Superannuation is frequently one of the most valuable assets in an estate — yet it is often poorly aligned with older Wills.
Over time:
– fund rules change,
– balances grow,
– binding nominations lapse or are replaced,
– tax outcomes can differ significantly depending on beneficiary type.
A Will drafted many years ago may not properly integrate superannuation outcomes, even if it was appropriate at the time.
Testamentary trusts and flexibility
Many older Wills were drafted before testamentary trusts became more commonly used or well understood.
In today’s environment, testamentary trusts can play an important role in:
– asset protection,
– tax efficiency,
– controlling the timing and manner of distributions,
– protecting vulnerable or younger beneficiaries.
If your Will pre-dates these considerations, it may lack the flexibility now expected in modern estate planning.
The practical impact on executors and families
From a practical perspective, outdated Wills are more vulnerable to challenge. A Will that is more than 10 years old is not necessarily ineffective — but it may no longer reflect how your assets are held, who depends on you, or who will ultimately be responsible for carrying out your wishes.
As time passes, family circumstances and expectations naturally evolve. What once felt clear and balanced can years later, be viewed very differently by those left behind.
This often occurs because:
- Relationships and responsibilities change over time
- The value and composition of assets can shift significantly
- Earlier arrangements may no longer reflect how support has been provided during life
- The intentions behind older documents may not be immediately clear to all family members
Reviewing your Will from time to time helps ensure your wishes remain clear, current and understood – reducing uncertainty and preserving family harmony.
Taking the time to consider whether your Will still aligns with your current circumstances can help reduce uncertainty for those left behind, ease the burden on executors, and minimise the risk of delay or dispute.
Estate planning works best when it evolves alongside life. A measured review at the right time can provide clarity and confidence — not just for you, but for your family as well.
A practical guide: when should a Will be reviewed?
As a general rule, Wills should be reviewed:
– every 3 to 5 years, or
– when there is a significant change in assets, family circumstances or objectives.
Waiting until a crisis or major life event can limit available options.
How We Can Help
A Will that is more than 10 years old may still be legally effective, but that does not mean it is doing the job you expect of it. Taking the time to consider whether your Will still aligns with your current circumstances can help reduce uncertainty for those left behind, ease the burden on executors, and minimise the risk of delay or dispute.
We regularly assist clients across Australia to review and update estate plans to ensure they remain clear, effective and aligned with current circumstances.
If you would like your Will reviewed or would like advice on whether an update is appropriate, please contact our office or phone us on 07 3839 7555 to arrange a confidential discussion.
Further information
Wills and Estate Planning – Perspective Law
Why Estate Planning is About More Than Just a Will
Jointly Owned Property and Estate Planning
Securing Your Legacy – How to Protect Your Family Trust