The Merry Go Round of Will Making

While a will is for when you die, the will as a document and process should be viewed as a living breathing financial process which once embarked upon should not stop until it is needed to record you last wishes and directions.

As your life changes and you marry, have children, grandchildren and for many these events are interspersed by divorce or death of a loved one and second marriages, your wishes need to be reconsidered and your will amended to reflect your changed circumstances.

Currently, the law requires Judges to determine the wishes of a deceased at the time of their death. Not at the time they wrote their will. Consequently, a will written 5, 10 or more years before the person dies, has more and more prospects of being amended or over turned the longer the period between when it was written and the date the deceased died.

Who Can Challenge A Will

Reminder of who you want to benefit from your will. Time to update your will.

After death certain people can apply to the Court to have a will changed. The class of people that can seek to change a will include:

  • pre and post nuptial children,
  • adopted children,
  • spouses,
  • de facto spouses,
  • former spouses,  (irrespective whether of the same sex) and
  • a person who is, or was financially dependent upon the deceased during their life.


A person who has a wife, with whom he has had divorced and supports, a de facto whom he lives with most nights and a mistress whom he supports by providing free accommodation in a unit he owns, all have rights to claim challenge and seek to support or upset the will of the deceased made two years after his first marrying when he dies 35 years later without making another will.

Your Next Step…

If you are concerned out the possibility of someone challenging your Will after you have died, Etienne Lawyers can help you to see that your wishes are honored. To do this you need to ensure that as life progresses you contact us to have your changed circumstances and wishes as they arise reflected in a current will. Even if you circumstances have not changed to reflect that your will was current as at the date of your death, we strongly recommend you have a new will every 18 to 24 months.

Having a will prepared by Etienne Lawyers provides you with the knowledge and comfort that those you wish to have looked after will be cared for and those you may not want to have a part of your estate are prevented or their chances of challenging your will are reduced as much as the law allows.


Executor Checklist

Where There Is A Will There Is A Way

Why Planning and Consideration Are Important When Writing a Will

Surprise! You’re The Executor Of The Will

Fast Answers to 10 Questions About Wills

Which Assets Can Be Dealt With In Your Will


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