Wills & estates

When Should You Update Your Will and Enduring Documents in WA?

Review your estate plan after major changes to relationships, family, assets, ownership, business or chosen decision-makers—and periodically even when nothing obvious has changed. A review does not always require replacement documents, but it should confirm that the will, enduring power of attorney, enduring power of guardianship and asset structures still work together.

Key review triggers

  • Marriage, separation, divorce or a new relationship
  • Birth, adoption, death or changed needs of a beneficiary
  • Buying, selling or changing ownership of property
  • Starting, restructuring or selling a business
  • An executor, attorney or guardian dying or becoming unsuitable
  • Significant change in wealth, debt, trust or superannuation
  • Overseas assets or a move between jurisdictions
  • Concerns about capacity, vulnerability or family conflict

A will is only part of the plan

A will directs estate assets after death. It may not control jointly owned property, superannuation death benefits, trust assets or company property in the same way. Title records, nominations and governing documents need separate review.

EPA and EPG perform different roles

The WA Office of the Public Advocate explains that an enduring power of attorney concerns property and financial decisions. An enduring power of guardianship concerns personal, lifestyle and treatment decisions within the authority granted. Both end on death, when estate administration begins.

Separation or divorce does not automatically cancel a WA EPA. If a former partner should no longer act, obtain advice about revocation and replacement while capacity remains.

Do not amend a signed will informally

Handwritten changes, removed staples or attached notes can create uncertainty. Keep the original safe and obtain advice about a properly executed new will or codicil. Tell the executor where the original is held.

Hypothetical example

A person made a will before buying a business and later appointed the same sibling as attorney, executor and business successor. A review can test whether those roles remain suitable and whether company, trust, insurance and superannuation arrangements support the intended outcome.

Prepare for a review

Bring current documents, title details, asset and liability summary, trust and company records, superannuation information and full names of proposed decision-makers and beneficiaries.

Book an estate-plan review

Arrange a wills and estate-planning consultation in English or Vietnamese.

Sources checked

First drafted: 21 July 2026. General information only.

Written for general information and reviewed by Vinh Nguyen, Principal Lawyer. Western Australia law. This is general information, not legal advice about your circumstances.

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