Why you should update your Will

Having a Will is not a one and done task. You should review and update your Will regularly so it continues to reflect your wishes, family circumstances and finances. Even small changes in your life can mean your Will no longer does what you expect, so it pays to check it every few years and after major events.

Why you should review your Will

Your Will is the legal document that sets out who inherits your assets, who looks after any minor children and who administers your estate. If you do not update it you risk outcomes that do not match your wishes. Reasons to review your Will include changes in your family, in your assets, and changes in the law that could affect how your estate is handled after you die.

Life events that should trigger a review

• Getting married. Under English law, marriage usually revokes an earlier Will unless it was made in contemplation of that marriage. If you marry you should revisit your Will.
• Divorce or separation. Divorce commonly treats a former spouse as if they had died for the purposes of your Will, so gifts or appointments naming them may no longer take effect. You should update your Will to reflect your wishes after divorce.
• Births or adoptions. New children or grandchildren may need provision in your Will so they are protected.
• Changes in wealth. Selling or buying property, inheriting money, or changes to pensions can affect how you want assets distributed.
• Changes to executors or trustees. If an executor becomes unable or unsuitable, you should appoint a replacement.
• Health and care planning. If your capacity changes, you should consider Lasting Powers of Attorney, and you may want to align those documents with your Will.

How an out of date Will can cause problems

If your Will is invalid or does not reflect your circumstances, intestacy rules can apply. That can lead to unintended people inheriting or your assets being split in ways you did not expect. Disputes between family members, delays in probate and additional legal costs are common consequences of unclear or out of date Wills. For official guidance on what happens if someone dies without a valid Will, see the GOV.UK page on wills and probate: GOV.UK - Wills and probate.

Illustrative example

Imagine you wrote a Will before a long term relationship and then later married. Marriage can revoke an earlier Will, which may mean your estate is distributed under intestacy rules instead of according to the document you thought would apply. That can reduce what children or other beneficiaries receive and may cause family disputes. This is why reviewing your Will after major relationship changes is essential.

Practical steps to update your Will

Follow these practical steps to keep your Will effective and clear.

1. Review your Will every 3 to 5 years and after life changes listed above.
2. Decide whether a codicil is enough for small changes, or whether you should make a new Will if you have major changes in your wishes or circumstances.
3. Check executor and guardian appointments are still suitable, and that your beneficiaries are properly identified.
4. Consider tax and trusts. If you have assets that may trigger inheritance tax, a trust might help reduce liabilities and protect beneficiaries.
5. Use a reliable Will service or solicitor. An updated Will should be correctly signed and witnessed to be valid.

Other related documents to review

Updating your Will is a good prompt to check other important documents. You should consider Lasting Powers of Attorney so someone you trust can manage your finances or health decisions if you lose capacity. You might also want to review any existing trusts and your plans for probate administration.

If you need help with enduring arrangements, see our Lasting Power of Attorney page. For trust advice, visit our Trusts information.

Getting professional help

Simple changes can sometimes be handled by an online Will update, but complex family situations or tax planning usually need specialist advice. You can create or update a straightforward Will online via our Online Will service, or speak to a specialist for more complex matters on our Will writing page. If you would like to discuss your situation, please get in touch with Beneficial Family Wills.

Call to action: Review your Will today to make sure your wishes are clear and your loved ones are protected. Start with our Will writing options or create a quick update using our Online Will tool.

Need help after someone dies? We also provide support with probate. See our probate services to understand the steps involved and how to avoid delays.