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Written by: Curt Thomas, Head of Private Client Services at Ives & Co Solicitors
You should generally review your Will every three to five years and whenever a significant change occurs in your life. You may not need to update it after every review, but it is important to make sure it still reflects your wishes, family circumstances and financial position.
Marriage, divorce, the birth of a child, the death of a beneficiary or executor, and changes to your property or finances are all good reasons to review your Will.
In England and Wales, marriage or civil partnership generally revokes an existing Will unless a relevant exception applies. Divorce does not automatically revoke the entire Will, but it can significantly affect its provisions.
Keeping your Will up to date can help protect your loved ones, reduce uncertainty and ensure your estate is distributed as you intend.
Table of Contents
- How often should you update your Will? At a glance
- Why is it important to review your Will?
- When should you update your Will?
- Does getting married affect your Will?
- What happens to your Will after divorce?
- Should you update your Will after having children?
- Should you update your Will after buying or selling property?
- What if a beneficiary or executor dies?
- How do changes in your finances affect your Will?
- How do you update a Will legally?
- Should you make a new Will or add a codicil?
- What happens if you do not update your Will?
- Frequently asked questions
- Speak to a Solicitor
How Often Should You Update Your Will? At a Glance
There is no legal requirement to update your Will at fixed intervals. However, reviewing it regularly is sensible.
As a general guide:
- Every three to five years: Check that your Will still reflects your wishes.
- After marriage or civil partnership: Review your arrangements immediately, as your existing Will may have been revoked.
- After separation or divorce: Check whether the provisions remain appropriate.
- After having children: Consider guardianship, inheritance and trust arrangements.
- After purchasing or selling property: Review how your assets will pass.
- After a death in the family: Check whether your chosen beneficiaries or executors need changing.
- After significant financial changes: Consider whether the gifts and arrangements in your Will remain suitable.
A review does not always mean a new Will is necessary. Sometimes your existing arrangements will still be appropriate.
Why Is It Important to Review Your Will?
A Will records your wishes at the time it is made. However, your circumstances can change considerably over the years.
You may marry, have children, purchase property, separate from a partner or experience changes in your finances.
If your Will is not reviewed, it may no longer reflect what you want to happen after your death.
For example, you may have appointed someone as an executor who is no longer able or willing to act, or you may have left a gift to someone who has since died.
Regular reviews also provide an opportunity to consider whether your estate planning arrangements remain appropriate, particularly where property ownership, family relationships or inheritance tax considerations have changed.
When Should You Update Your Will?
Although a review every three to five years is a useful starting point, certain life events should prompt you to check your Will sooner.
1. Getting Married or Entering a Civil Partnership
Marriage or civil partnership can have an immediate legal effect on your existing Will.
In England and Wales, a Will is generally revoked by marriage or civil partnership unless it was made in contemplation of that particular marriage or civil partnership and satisfies the relevant requirements.
If your Will is revoked and you die without making another valid Will, your estate may pass according to the intestacy rules.
If you are planning to marry, it is sensible to seek advice beforehand so that your Will can be prepared appropriately.
2. Separation or Divorce
If you separate from your spouse or civil partner, your existing Will does not automatically change.
This means that someone you are separated from may still benefit under your Will unless you take steps to review your arrangements.
Divorce or dissolution does not automatically revoke the entire Will. However, it generally affects gifts and appointments relating to your former spouse or civil partner, subject to the wording of the Will and the applicable law.
You should therefore review your Will during separation and again when the divorce or dissolution is finalised.
3. Having or Adopting Children
The birth or adoption of a child is an important reason to review your Will.
You may want to make provision for your child, appoint testamentary guardians or consider how an inheritance should be managed while they are young.
If you already have children, you should also consider whether the arrangements in your existing Will remain suitable as they grow older.
A Will can include trust arrangements where appropriate, allowing you to consider how and when children or other beneficiaries should receive their inheritance.
4. Changes in Your Relationships
Your relationships may change over time.
You may begin living with a partner, enter a new relationship or wish to change who benefits from your estate.
This is particularly important for unmarried couples.
An unmarried partner does not automatically inherit under the intestacy rules in England and Wales, regardless of how long you have lived together.
If you want your partner to inherit, it is important to make appropriate arrangements rather than relying on assumptions about your legal rights.
5. The Death of a Beneficiary or Executor
If someone named in your Will dies, you should review the document.
A beneficiary is someone you have chosen to inherit from your estate. An executor is someone appointed to administer your estate after your death.
The effect of a beneficiary’s death depends on the wording of your Will and the applicable legal rules.
If an executor dies, it may still be possible for another appointed executor to act, but you should check whether suitable arrangements remain in place.
Reviewing your Will gives you the opportunity to choose replacement beneficiaries or executors where necessary.
6. Purchasing or Selling Property
Buying or selling a property can significantly change the value and composition of your estate.
If you purchase a home, you should consider who you want to inherit your interest in it and whether your existing Will reflects those wishes.
It is also important to understand how the property is owned.
Joint tenants: If you own a property as beneficial joint tenants, your interest will normally pass automatically to the surviving joint owner or owners when you die.
Tenants in common: If you own a property as tenants in common, your share can pass under your Will.
If you sell a property that is specifically mentioned in your Will, the gift may no longer take effect as originally intended.
A solicitor can help you understand how your property ownership arrangements interact with your Will.
7. Significant Changes in Your Finances
An increase or decrease in your wealth may also make it sensible to review your Will.
For example, you may receive an inheritance, sell a business, acquire investments or experience a significant change in your financial circumstances.
You may wish to reconsider how your estate should be divided, whether particular gifts remain affordable or whether your arrangements are appropriate from an inheritance tax perspective.
Changes to inheritance tax legislation can also make a review worthwhile.
How Do You Update a Will Legally?
In England and Wales, you cannot safely amend a valid Will simply by crossing out words, writing new instructions in the margins or attaching an informal note.
Changes must be made using the appropriate legal formalities.
There are generally two options:
- Make a new Will: This replaces your previous Will and sets out your current wishes.
- Make a codicil: This is a formal document that changes or adds to an existing Will without replacing it entirely.
A codicil must meet the relevant signing and witnessing requirements.
You should seek legal advice before making changes, particularly if your circumstances are complicated or you want to alter the beneficiaries of your estate.
Should You Make a New Will or Add a Codicil?
A codicil may be appropriate for a relatively straightforward amendment, such as changing an executor.
However, making a new Will is often preferable where you want to make several changes or significantly alter how your estate is distributed.
A new Will can help avoid confusion arising from having multiple documents that need to be read together.
Your solicitor can advise which approach is most suitable.
It is important that any new Will is properly prepared and executed, and that earlier Wills and codicils are dealt with appropriately to reduce the risk of confusion after your death.
What Happens If You Do Not Update Your Will?
An outdated Will may still be legally valid, but it may not reflect your current circumstances or wishes.
Potential problems include:
- Assets passing to people you no longer intend to benefit
- Important family members being left without the provision you intended
- Executors being unable or unwilling to act
- Gifts failing because an asset has been sold or a beneficiary has died
- Unnecessary uncertainty or disagreements among relatives
In some circumstances, a Will may have been revoked by a subsequent marriage or civil partnership, meaning the intestacy rules could apply if no new valid Will is made.
Regular reviews can help identify these issues before they cause difficulties.
Frequently Asked Questions
How often should I review my Will?
Reviewing your Will every three to five years is a sensible general guide. You should also review it whenever you experience a significant change in your family, relationships, property or finances.
Do I need to update my Will every year?
No. There is no legal requirement to update your Will annually. However, you should make sure it continues to reflect your wishes and review it after important life events.
Does getting married cancel my Will?
Marriage or civil partnership generally revokes an existing Will in England and Wales, unless a relevant legal exception applies. If you are planning to marry, obtain advice about preparing a Will that takes your intended marriage into account.
Does divorce automatically cancel my Will?
No. Divorce does not automatically revoke your entire Will, but it generally affects provisions concerning your former spouse. You should review your Will during separation and after divorce.
Should I update my Will when I have a child?
Yes, having or adopting a child is an important reason to review your Will. You may wish to consider inheritance arrangements, trusts and the appointment of testamentary guardians.
Do I need to change my Will if I move house?
Not necessarily. However, you should review your Will after purchasing or selling property, particularly if it contains a gift of a specific property or your ownership arrangements have changed.
Can I change my Will myself?
Changes to a Will must comply with the relevant legal formalities. Informal handwritten alterations may be ineffective or create uncertainty. A solicitor can advise whether a new Will or a codicil is appropriate.
What happens if someone named in my Will dies?
The outcome depends on the wording of your Will and the applicable law. Some gifts may pass to alternative beneficiaries, while others may fail. Reviewing your Will allows you to make suitable replacement arrangements.
Is an old Will still valid?
A Will does not automatically expire after a certain number of years. An older Will may remain valid, provided it has not been revoked and satisfies the legal requirements. However, it may no longer reflect your wishes.
Do I need a solicitor to update my Will?
You are not legally required to use a solicitor, but professional advice can help ensure that your changes are legally effective and that your Will reflects your intentions.
Speak to a Solicitor
Your Will should reflect your current wishes and circumstances, not simply the decisions you made several years ago.
Whether you have recently married, had children, purchased property or experienced another significant life event, reviewing your Will can help provide greater certainty for your loved ones.
If you would like advice about making or updating a Will in England or Wales, please contact one of our offices or email quotes@ivesandco.com so that we can provide you with a quotation, or call us to discuss how we can assist.
Our team will be happy to discuss your circumstances and guide you through the next steps.
