A will should reflect the life you have now, not the life you had when you first signed it. Updating your will may be necessary after a major family change, a property purchase or a shift in your finances. Leaving an outdated will in place can mean the wrong people inherit, trusted executors are no longer suitable, or practical arrangements for children are unclear.
The good news is that reviewing a will need not be difficult. A short check after key life events can give you confidence that your wishes remain clear and that the people you care about are protected.
When should you consider updating your will?
There is no rule requiring you to update a will every few years. However, it is sensible to review it after any change that affects who you want to benefit, who should manage your estate, or what you own.
Marriage is one of the most significant triggers. In England and Wales, getting married usually revokes an existing will, unless that will was made in contemplation of the particular marriage. This can leave you without a valid will if you do not make a new one afterwards. The same principle generally applies when forming a civil partnership.
Divorce has a different effect. A divorce does not automatically cancel your whole will. Instead, provisions appointing your former spouse or civil partner as an executor, or leaving them a gift, are generally treated as though they had died before you. That may not produce the result you want, especially if no replacement executor or beneficiary is named. A separation alone does not have this effect, so it is wise to act promptly rather than wait for the legal process to finish.
A new child, stepchild or grandchild is another reason to look again. You may want to include them as a beneficiary, appoint guardians for children under 18, or make sure money is held responsibly until they are older. If a child is born after your will is made, they will not automatically be included simply because they are family.
Other changes can be quieter but just as important. You may have bought a home, inherited money, started a business, received a diagnosis that changes your priorities, or fallen out of touch with an executor. Even moving house can prompt a useful review, particularly if your property ownership has changed.
Updating your will: new will or codicil?
For most people, making a new will is the clearest option. It replaces your earlier will and allows you to look at the whole document afresh. This is particularly useful where several details have changed, such as beneficiaries, executors, guardians and gifts.
A codicil is a separate legal document used to make a limited change to an existing will. It can be appropriate for a small amendment, such as changing an executor or updating a specific cash gift. But codicils can create confusion when there are several of them, especially if the wording does not sit neatly with the original will.
Do not cross out a name, add a handwritten note or alter a signed will yourself. An informal amendment may not be legally effective and can raise difficult questions after your death. It may also damage the document or lead to disputes about what you intended.
Where your circumstances have changed substantially, a fresh will is usually more straightforward than trying to patch an old one. It gives you a clean record of your current wishes and reduces the chance of conflicting instructions.
Check the decisions behind the document
Updating a will is not just about changing names. Take the opportunity to consider whether the arrangements still work in practice.
Start with your executors. They are responsible for dealing with your estate, paying debts and distributing what is left under the will. An executor should be trustworthy, capable and willing to take on the role. You can appoint more than one person, and it is sensible to name substitutes in case your first choice cannot act.
Then consider who should inherit. A gift of a specific item, such as jewellery or a car, may no longer make sense if you no longer own it. If you have acquired savings, investments or a property, think about whether your current beneficiaries and shares still reflect your wishes. You may also wish to include a substitute beneficiary if someone dies before you.
Parents should revisit guardianship arrangements. A will can name the people you would want to care for your children if both parents with parental responsibility have died. This is a serious decision, but setting out your preference can provide valuable guidance at a difficult time.
Property deserves careful attention too. If you own a home with someone else, the way it is owned matters. A jointly owned property held as joint tenants normally passes automatically to the surviving owner, regardless of what your will says. If you own as tenants in common, your share can pass under your will. This distinction can be particularly relevant for unmarried couples, blended families and anyone who wants to protect an inheritance for children.
Make sure the new will is properly signed
A well-written will can still fail if it is not signed correctly. For a standard will in England and Wales, you must sign it, or acknowledge your signature, in the presence of two witnesses who are both present at the same time. The witnesses must then sign the will in your presence.
Your witnesses should be adults. They should not be beneficiaries of the will, or the husband, wife or civil partner of a beneficiary. If they are, the will itself may still be valid, but the gift to that witness or their spouse or civil partner can fail. Choosing independent witnesses avoids this unnecessary problem.
You should also make the will freely and understand what it does. If there are concerns about capacity, serious illness, family pressure or the risk of a dispute, extra care is needed. In these circumstances, professional legal advice may be appropriate, as a standard online will may not be the right solution.
Tell the right people and store the original safely
Once your new will is validly signed, make sure the previous version is no longer likely to cause confusion. A new will normally contains wording that revokes earlier wills, but keeping old documents mixed together can still create uncertainty for your executors. Safely destroy old originals only once the new will has been completed and you are satisfied it is valid.
Keep the signed original somewhere secure, dry and accessible. Your executors need to know where it is. A photocopy may help show what you intended, but it is not a substitute for the original document when your estate is being administered.
It is also helpful to keep a separate, informal record of practical information, such as where your insurance papers are held, the contact details of your financial providers and any funeral preferences. Do not rely on this note to change who inherits – that belongs in your will – but it can make things easier for those left behind.
A quick review can prevent a difficult outcome
You do not need to wait for a crisis to look at your will. A useful habit is to review it after a major life event and every few years in between. Read it as if you were an executor seeing it for the first time: are the people named still right, are the gifts clear, and would your family understand what you intended?
Your will is one of the few places where you can put clear instructions around the people and possessions that matter to you. Taking time to update it now can spare those closest to you uncertainty, delay and avoidable disagreements later.