Can Wills and Estate Lawyers Fix a Poorly Written Will?
When was the last time you actually looked at your Will, or did you just shove it in a bottom drawer and hope for the best? Pure negligence. Most people treat estate planning like a “one and done” gym membership from 1998. It’s dangerous. In the actual real-life world of probate and family provision claims, an old Will is often worse than no Will at all. Infuriating!
Dusty old folder. Your Will is likely a relic of a past life that you barely recognise anymore. Leaving a decade-old document to govern your multi-million dollar assets is a recipe for a massive legal disaster. Wake up!
Total silence. Most people assume that once they have signed the paper, the job is finished for good. The basic fundamentals of your life shift constantly, and your legal documents need to keep pace. Honestly! Heck, the traffic on the M1 yesterday was enough to make anyone rethink their life expectancy, let alone their succession plan.
If you’ve recently…
New assets. You’ve probably bought a house, sold a business, or finally moved those shares into a family trust. The reality of these situations are that your Will doesn’t automatically track your bank balance. It’s static.
Actually, I saw a client—never mind, we’ll get to that later—who forgot they sold the specific property they’d promised to their daughter. When he died, she got nothing because the gift “adeemed,” which is legal-speak for “it’s gone, mate.” A total dog’s breakfast.
Specific gifts. If your Will mentions a property in Surry Hills but you now live in a penthouse in New Farm, you’ve got a problem. You need to ensure your “true facts” match the ink on the page. Very simple.
Those old executors…
Aging choices. The person you chose to manage your estate fifteen years ago might now be living in a nursing home or, worse, already six feet under. This happens. If your executor is no longer fit for the task, the court has to step in to appoint an administrator. Ugh!
The group of executors you picked in your thirties is likely—actually, I should say “are” likely—not the right fit for your complex needs now. You need someone with a cool head and a sharp eye for detail. Trust me.
Failed appointments. If your backup executor is also unavailable, your estate enters a legal limbo that costs thousands in unnecessary fees. It’s a mess. Your family deserves better than a bureaucratic nightmare during their time of grief. Don’t wait.
Tax laws change…
Bureaucratic shifts. Governments love changing the rules on superannuation, land tax, and capital gains when you least expect it. It’s constant. An estate plan drafted in 2012 doesn’t account for the 2026 tax environment we’re currently navigating. Total headache.
Superannuation death benefits. These are often the biggest asset people own, yet they sit entirely outside the Will in most cases. If your binding death benefit nomination has expired, the fund trustee decides who gets the cash. Amazing!
~~The system is perfect.~~
Missed opportunities. Proper planning can save your heirs hundreds of thousands in “death taxes” that could have been avoided with a simple testamentary trust. You are literally throwing money away. Get moving.
Relationships move fast…
Family drama. Marriages, divorces, and new de facto partners change the legal standing of your Will almost instantly. In many jurisdictions, marriage revokes an existing Will entirely. It’s true.
New grandkids. If you’ve had more children or grandchildren since you last signed, you might be accidentally disinheriting the newest members of the clan. The “basic fundamentals” of fairness dictate that everyone should be looked after according to your actual wishes. Poor form.
[Note: Check the 2025 Superannuation changes regarding non-dependant tax!]
Bitter disputes. Ex-spouses have a funny way of appearing out of the woodwork the moment a death certificate is issued. You need to “ring-fence” your estate to prevent claims from people you haven’t spoken to in a decade. It’s vital.
Missing the trust…
Corporate complexity. If you’ve started a company or a discretionary trust, those assets don’t technically belong to you personally. They are controlled, not owned. You cannot give away what you don’t own in a standard Will. Think!
Succession of control. You need to look at your trust deeds, company constitutions, and shareholder agreements to see who takes over when you’re gone. It’s a puzzle. If you haven’t named a successor director, the company might be unable to trade for months. Total disaster.
Final warning. Estate planning is an act of love for the people you leave behind, so don’t leave them a pile of litigation and tax bills. Fix it. The true facts of the matter is that your legacy depends on the next thirty minutes of action.
Actually, the “past history” of these disputes shows that the most prepared person is usually the one whose family stays out of court. It’s a win.
