When Should I Update My Will?
3 minute read
An outdated will can lead to unintended outcomes for your family.
Making a Will is one of the most important steps you can take to protect the people you love. But signing it and filing it away is not quite the end of the story. Life changes. When it does, your Will may no longer say what you want it to say, or achieve what you intended it to achieve.
The good news is that reviewing and updating a Will is usually straightforward, especially if you work with a specialist. This guide explains when a review is advisable, what can happen if you leave things unchanged, and how the process of updating a Will works under the law of England and Wales.
Table of Contents
Are There Any Legal Rules That Require Me to Update My Will?
The short answer is no. There is no law in England and Wales that requires you to review or update your Will at any specific point in time. Your existing Will remains legally valid for as long as you are alive, provided it was properly executed in the first place.
That said, the legal profession broadly agrees on two principles of good practice. First, it is sensible to review your Will every three to five years as a matter of routine, even if nothing obvious has changed in your life. Second, and more urgently, you should review your Will after any major life event that could affect who should benefit from your estate, who should administer it, or how much it is worth.
Think of it a little like reviewing your car insurance. Your policy might still technically be in force, but if your circumstances have changed significantly, it may no longer offer you the protection you need.
The sections below walk through the most common situations in which a Will review becomes genuinely important.
Marriage and Divorce — Two Events That Can Fundamentally Alter Your Will
Getting Married
If you make a Will and then subsequently get married, your marriage will automatically revoke that Will entirely. This is one of the most misunderstood rules in English and Welsh succession law, and it catches many people by surprise.
Once your previous Will is revoked, your estate will be distributed according to the intestacy rules if you die without making a new one. Under those rules, your spouse will receive a statutory legacy (currently set at £322,000) and a share of the remainder, but your children — if you have any from a previous relationship — may receive far less than you would have wished. More distant relatives may receive nothing at all.
There is a specific exception to this rule. It is possible to make a Will “in contemplation of marriage” to a named individual. A Will drafted in this way will survive the subsequent marriage. However, this must be done deliberately and explicitly, and it is not something that applies by default.
The practical advice here is simple: if you are engaged, it is worth speaking to a will-drafting specialist before or shortly after your wedding, rather than leaving the matter to chance.
Divorce and Separation
Divorce affects a Will in a different way than does getting married. A divorce does not revoke your Will entirely. Instead, the law treats your former spouse as though they had died on the date when the decree absolute (now called the Final Order) was granted.
In practical terms, this means that any gifts you left to your former spouse will fail, and any appointment of them as executor will lapse. Depending on how your Will is drafted, those failed gifts may fall into the residue of your estate, or they may trigger a partial intestacy — meaning that part of your estate is distributed under the intestacy rules rather than according to your wishes.
It is also worth bearing in mind that a legal separation, without a formal divorce, does not have the same effect. If you separate from your spouse but do not obtain a Final Order, your Will remains unchanged in relation to them.
After a divorce, you will also likely need to consider who should take on the role of executor. If your former spouse was appointed, that appointment will have lapsed, and a replacement will need to be named. This is not something that happens automatically.
Marriage revokes your Will automatically. Divorce does not — but it does remove your former spouse as a beneficiary and executor. In both cases, a new Will is strongly advisable.
Having Children — Guardianship, Trusts, and Protecting the Next Generation
The arrival of a child — whether by birth, adoption, or the formation of a blended family — is one of the most compelling reasons to revisit your Will.
The most immediate concern is guardianship. If you have children under the age of 18, your Will is the most effective place to record your wishes about who should care for them if both parents were to die. Without a named guardian, the courts would decide the matter, potentially without knowing who you would have chosen.
Beyond guardianship, you may also want to think about how and when your children should receive any inheritance. Children under 18 cannot legally hold assets in their own name, and under the standard intestacy rules, they would receive their share outright at 18 — an age at which many parents feel a large lump sum is not necessarily helpful. A trust built into your Will can allow you to specify a higher age (21 or 25 are common choices), and to give your trustees the discretion to release funds earlier for specific purposes such as education or housing.
Even if a full trust structure is not required, it is worth considering whether your existing beneficiaries are still the right ones, and whether the proportions in which you have divided your estate still reflect your wishes now that your family has grown.
Significant Financial Changes — Accounting for What You Now Own
A Will made at one point in your life reflects your circumstances at that point. If your financial position has changed substantially since then, your Will may be directing assets that no longer exist, or failing to account for assets that have become significant parts of your estate.
Common triggers for a financial review include:
Acquiring property. If you have purchased a home or other property since your last Will was made, you should ensure your Will addresses those assets properly. This is especially important if you own property jointly, as the manner in which it is owned (as joint tenants or tenants in common) affects what can be left by Will.
Starting or selling a business. Business interests can be complex to pass on, and specialist advice is often needed. If you have built up a business since your last Will, or if you have sold one and now hold significantly more liquid wealth, your Will may need to be updated accordingly.
Receiving a significant inheritance. If a relative or friend has left you a substantial sum, your own estate is now worth more than it was. This may affect both who you wish to benefit and the inheritance tax position of your estate.
None of these changes require a completely new Will in every case, but they do require a careful review to ensure your Will still achieves what you intend.
Moving Home or Buying Property Abroad
Moving home within England and Wales does not, by itself, invalidate your Will. However, it is a natural prompt to review it and ensure that any property addresses are described in a way that still makes sense.
The more significant issue arises if you purchase property abroad. Different countries have very different succession laws, and a Will made in England and Wales may not be effective to transfer property situated in another jurisdiction. Some countries apply forced heirship rules, which restrict your freedom to choose your own beneficiaries entirely.
If you own, or are planning to purchase, property in another country, it is worth seeking specialist advice about whether a separate Will may be needed in that jurisdiction, and how your English Will and any foreign Will should interact with one another to avoid conflict or duplication.
When an Executor or a Key Beneficiary Dies Before You
It is not uncommon for someone named in a Will to die before the person who made it. When this happens, the consequences depend on the role that person played.
If an executor dies. If one of your executors has died and no replacement was named in the Will, the administration of your estate may be more complicated than it needs to be, and in some cases, a court application may be required. Most Wills name at least two executors precisely to guard against this possibility, but if both have died, or if you named only one, the issue becomes more pressing.
If a beneficiary dies. If a beneficiary named in your Will dies before you, the gift to them will usually “lapse” and fall back into the residue of your estate, unless your Will contains a substitution clause (for example, directing that the gift should pass to the beneficiary’s own children instead). If the Will has no residue clause, or if the residuary beneficiary has also died, a partial intestacy can result.
Reviewing your Will after the death of a named executor or beneficiary ensures that your estate will be distributed cleanly and in accordance with your current wishes, rather than being left in a situation that nobody intended.
Starting a New Relationship
If you have begun a significant new relationship since your last Will was made, it is worth considering whether that relationship ought to be reflected in your estate planning.
This is particularly relevant if you are cohabiting with a new partner. There is a common misconception that a long-term partner automatically acquires rights over an estate. Under English law, this is not the case. Unmarried partners have no automatic right to inherit, regardless of how long they have lived together. The only way to provide for a cohabiting partner is to name them explicitly in your Will.
If you are in a new relationship and considering marriage or a civil partnership, it is also worth being aware of the rules on revocation of marriage, which are covered earlier in this guide.
Changes to Tax Rules — Keeping Your Will Inheritance Tax Efficient
Inheritance tax planning is a significant consideration for many estates in England and Wales. The rules in this area do change from time to time, and a Will that was designed to be tax efficient under one set of rules may not achieve the same result if the rules have since changed.
The nil-rate band (the threshold below which inheritance tax is not charged), the residence nil-rate band (an additional allowance for the family home), and the rates at which tax applies are all set by Parliament and are subject to change. Reliefs and exemptions — including those for business property and agricultural property — can also be altered.
If there has been a significant change to the inheritance tax rules, or if your estate has grown to a point where inheritance tax has become a concern for the first time, it is worth reviewing your Will with that issue specifically in mind. In some cases, a trust structure or a revised distribution of assets can meaningfully reduce the tax burden on your estate, but only if the Will is drafted with that objective in view.
This is an area where generic Will templates are particularly unlikely to serve you well. Inheritance tax planning is specific to your individual circumstances and requires careful, considered advice.
How to Update Your Will — Doing It Properly
If you have decided that your Will needs to be updated, it is important to do it in the right way. The method matters, and the wrong approach can create serious problems.
Do Not Simply Write Amendments on to Your Existing Will
This is one of the most common mistakes people make, and it can be a costly one. A handwritten note, a crossing-out, or a margin annotation on an existing Will is almost certainly not valid as a legal amendment. Far worse, it can cast doubt on the validity of the original Will itself or make it difficult for the executors to interpret your intentions with confidence. If your Will is contested, any informal alterations may become a significant complicating factor.
A Codicil
A codicil is a formal legal document that amends a specific part of an existing Will, while leaving the rest of the Will intact. Like a Will itself, a codicil must be signed and witnessed in accordance with the formal requirements set out in the Wills Act 1837. If those requirements are not met, the codicil will not be valid.
A codicil is appropriate for minor, self-contained changes — for example, updating the name of an executor, or adding a small, specific gift. It is less suitable for more substantial revisions, partly because multiple codicils can become confusing, and partly because a significant change may interact with other parts of the Will in ways that are difficult to anticipate without reviewing the document as a whole.
An Entirely New Will
In most cases where a significant review has identified the need for changes, the cleanest and most reliable solution is to draft a new Will. A new Will usually includes a clause revoking all prior Wills and codicils, thereby eliminating any confusion between documents.
Making a new Will is not as daunting as it might sound, particularly if you work with a specialist. A good Will-drafting service will guide you through the process, ensure that your wishes are expressed clearly and legally, and help you anticipate issues before they become problems for your family.
A Note on Our Will-Drafting Service
If you are reading this guide because you suspect your Will may need attention, we would be happy to help. Our service covers the full range of Will-drafting needs for individuals and couples across England and Wales, from straightforward Wills to more complex arrangements involving trusts, business interests, and international assets.
You can find out more about our Home Page, or contact us directly using the form below. Initial enquiries are always welcome, and there is no obligation.
Frequently Asked Questions
How often should I update my Will?
There is no legal requirement to update your Will at any set interval. As a general rule, it is good practice to review your Will every 3 to 5 years and to conduct an additional review after any significant life event, such as marriage, divorce, the birth of a child, or a major change in your finances.
Does getting married cancel my Will?
Yes. Under the law of England and Wales, marriage automatically revokes any existing Will that does not contain a specific clause drafted in contemplation of that marriage. If you die without making a new Will after marrying, your estate will be distributed under the intestacy rules, which may not reflect your wishes.
Does divorce cancel my Will?
Divorce does not revoke your Will, but it does treat your former spouse as though they had died on the date the Final Order was granted. Any gifts to them will lapse, and any appointment of them as executor will cease to have effect. A new Will is strongly advisable after a divorce.
Can I just write changes on my existing Will?
No. Handwritten amendments to an existing Will are not legally valid in England and Wales, and they can create serious problems for those who have to administer your estate. Any amendments must be made by way of a formal codicil, or by making an entirely new Will, both of which must be correctly signed and witnessed.
What is a codicil?
A codicil is a formal legal document that amends one or more specific provisions of an existing Will, while leaving the rest of the Will in place. It must meet the same formal requirements as a Will — it must be in writing, signed by the person making it, and witnessed by two independent adult witnesses who are present at the same time. A codicil is generally most suitable for minor, self-contained changes..
What happens if a beneficiary in my Will dies before me?
If a beneficiary named in your Will dies before you, the gift to them will usually lapse and fall back into the residue of your estate. If your Will does not include an adequate residue clause, or if the residuary beneficiary has also died, a partial intestacy may result. A substitution clause in your Will can direct the gift elsewhere in these circumstances.
Do I need a new Will if I buy a property abroad?
Not necessarily, but it is something you should take advice on. Different countries apply different succession laws, and a Will made in England and Wales may not be sufficient to deal with property situated in another country. In some cases, a separate local Will may be needed, and your English Will should be carefully coordinated with it to avoid conflict.
Can an unmarried partner inherit from my estate?
Not automatically. Under the law of England and Wales, unmarried partners have no right to inherit from an estate under the intestacy rules, regardless of how long they have lived together. The only way to provide for an unmarried partner is to name them as a beneficiary in your Will.
Do I need a new Will if the inheritance tax rules change?
Not necessarily, but it is worth reviewing your Will if there have been significant changes to the inheritance tax rules, or if your estate has grown to the point where tax has become a concern. Some Will structures are specifically designed to minimise inheritance tax, and these may need to be revisited if the underlying rules change.
How long does it take to update a Will?
This depends on the complexity of the changes required. A straightforward update — such as changing an executor or adding a new beneficiary — can often be completed within a few days. More complex Wills, particularly those involving trusts or tax planning, may take a little longer. Our team will be happy to give you a clearer indication once we understand what you need.
Disclaimer
This article is intended as general information only and does not constitute legal advice. The information refers to the law of England and Wales. Tax thresholds and legal rules are correct at the time of writing but are subject to change. We recommend that you seek professional advice regarding your own circumstances.
Bio
This article was written by Stephen Rhodes. Stephen was called to the Bar of England and Wales in 1999 and brings over 25 years of in-house experience working with solicitor firms across the Manchester area, with a specialism in Wills and Probate. He now focuses exclusively on will drafting, helping his clients ensure their loved ones are taken care of exactly as they would wish.