When to Update Your Will and How to Do It Properly

A will is a legal document that sets out what should happen to your money, belongings and property when you die. It gives you the chance to make sure your wishes are known and followed. Making a will can also help your loved ones avoid added stress at an already difficult time.

However, writing a will is not something you do once and forget about. As life moves on, your situation might change. You may get married, have children, buy a house or experience other events that could affect your plans. These changes mean your will might need updating to stay useful and fair.

In this article, we will explain when you should update your will, why keeping it current is so important, how often you should review it and how to make changes properly. Keeping your will up to date is a key part of good estate planning, helping to protect your wishes and the people you care about most.

Key Life Changes That Should Prompt a Will Review

There are certain events in life that should lead you to review your will. These moments often involve changes to your personal or financial situation. If your will no longer matches your current life, it might not reflect your wishes correctly. Here are some common changes that should prompt a review.

Marriage or Civil Partnership

In many cases, getting married or entering a civil partnership will cancel any will you made before, unless you stated clearly that the will was made in expectation of marriage. If your will is cancelled and you do not make a new one, you will be treated as if you died without a will. This is known as dying intestate, and your estate will be shared according to set rules, not your personal wishes.

Even if your will is not cancelled, it may need updating to include your new spouse or civil partner. You may want to leave them a share of your estate or name them as your executor. This is also a good time to think about other family members and how you would like your assets to be shared.

Divorce or Separation

If you get divorced or legally end your civil partnership, your will is still valid but your ex-partner will no longer receive anything left to them, unless you say otherwise. If they were named as an executor, they will not be able to act unless you appoint them again. It’s still a good idea to review your will after a divorce or separation to make sure everything still reflects your wishes.

If you were in a long-term relationship but not legally married or in a civil partnership, your partner will not have an automatic right to inherit unless you include them in your will. After a breakup, you should check that your will no longer includes them unless that’s what you want.

Birth of a Child or Grandchild

Welcoming a new child or grandchild is another moment when you should review your will. You may want to leave them a share of your estate or name a guardian if they are under 18. Without naming a guardian, the courts may decide who takes care of them if you pass away unexpectedly.

It’s also wise to consider setting up a trust within your will. This can help manage the inheritance for young children until they are old enough to handle it themselves. A solicitor can help you set this up if needed.

Change in Financial Situation

Big financial changes, like buying or selling a home, starting or closing a business, or receiving a large sum of money, can all affect your estate. Your will should be updated to include any new assets or remove ones you no longer have.

It’s important to make sure your estate is clearly explained and divided. If you forget to include new property or assets, they might not be passed on the way you intend. Reviewing your will helps reduce confusion for your loved ones.

Why Outdated Wills Can Create Serious Problems

If your will does not match your current wishes or life situation, it can lead to confusion and conflict. An outdated will may include people you no longer want to leave things to, or it might miss out new family members. This can result in some people feeling left out or unfairly treated.

Worse still, legal disputes may happen. Family members may challenge the will or argue over what it really meant. This could lead to delays in sorting out your estate and extra stress at an already sad time. The cost of legal arguments can also reduce the value of your estate.

Outdated wills may also cause issues with tax. If your will does not take current tax rules into account, your estate might face higher tax bills. A current will helps reduce tax where possible and protects more of your estate for your loved ones.

Even simple changes, like a move to a new home, can cause confusion if the will still lists your old address. These small details matter, and checking your will regularly helps to avoid problems later on.

How Often Should You Review Your Will?

Experts suggest reviewing your will every three to five years, even if nothing major has changed. This regular review helps you check that your wishes are still correct and that your estate plan still makes sense. It also gives you a chance to look at whether the law has changed.

For example, tax laws or rules about inheritance may change over time. Reviewing your will helps you take advantage of new rules or avoid issues caused by outdated ones. It’s also a good time to check that your executors are still the right people and that your plans still fit your current lifestyle and goals.

If you are unsure whether your will needs to change, talk to a solicitor or will adviser. They can explain your options and help you understand what steps to take. Regular reviews are a simple but important part of long-term estate planning.

Best Practices for Updating Your Will Safely and Legally

When it’s time to update your will, doing it properly is key. Mistakes can lead to confusion or even make your changes invalid. There are different ways to update your will depending on how much needs changing. Here are the safest and most legal methods.

Use a Codicil for Small Updates

If you only need to make a small change, like updating a name or adding a new gift, a codicil may be enough. A codicil is a short document that adds to or changes part of your will. It must be signed and witnessed just like the original will to be valid.

However, if you have already made a few codicils or the change is more than minor, it is usually better to write a new will. Too many codicils can make things confusing and hard to follow for your loved ones.

Make a New Will for Bigger Changes

For bigger updates, such as changing who gets most of your estate or naming different executors, making a new will is the best option. When you make a new will, it should clearly say that it replaces all older versions.

Once your new will is signed and witnessed, destroy the old one so there is no mix-up later. Keeping only one will helps avoid mistakes and makes your wishes clearer for everyone involved.

Seek Advice from a Legal Professional

Although it is possible to write or update a will on your own, mistakes are easy to make. These errors could lead to your will being unclear or even legally invalid. That’s why it’s wise to ask a solicitor or legal adviser for help.

They can guide you through the process, make sure your changes follow the law and help you write your wishes clearly. They can also check that your estate is set up in a way that helps protect it and save money on tax if possible.