Updating Your Will: When and Why to Review It

A will is written for the life you have at the time. Families grow, relationships change, property is bought or sold, and the people you trust may no longer be the right people to manage your affairs. Updating your will is how you make sure the document still reflects your wishes, rather than leaving those closest to you with uncertainty at an already difficult time.

Many people assume a will only needs attention after a major event. In practice, a regular review can prevent small changes becoming serious problems. A will that was sensible five or ten years ago may no longer protect the people, assets or family relationships that matter most to you now.

When should you consider updating your will?

There is no fixed rule that applies to every family, but reviewing your will every three to five years is a sensible habit. You should also look at it promptly when something significant changes in your life, finances or family circumstances.

Marriage is one of the most important reasons to review a will. In England and Wales, getting married will usually revoke an existing will unless it was made in contemplation of that particular marriage. This can leave you without a valid will if the position is not addressed. Divorce has different consequences: a former spouse may be treated as having died before you for the purposes of the will, but the rest of the document can remain in force. That can create gaps or outcomes you did not intend.

The arrival of children or grandchildren is another common trigger. You may wish to provide for them directly, appoint guardians for children under 18, or decide whether an inheritance should be protected until a beneficiary is older. Equally, if an adult child has become financially secure, vulnerable, divorced, bankrupt or means-tested for benefits, the way you leave their inheritance may need more careful planning.

A review is also worthwhile if you move home, buy a second property, receive an inheritance, sell a business, take retirement benefits, or build up substantial savings and investments. Your will does not control every asset automatically. For example, jointly owned property, pension death benefits and policies written in trust can pass outside it. Reviewing the whole picture helps ensure your estate plan works together rather than leaving conflicting instructions.

Changes in people can matter as much as changes in money

An executor has a practical and often demanding role. They may need to register the death, value the estate, deal with banks and organisations, apply for probate where needed, settle debts and distribute the estate. Someone who felt like the obvious choice years ago may now be too elderly, unwell, living abroad or simply no longer close to you.

It is equally sensible to reconsider guardians for young children. A guardian appointment should reflect who is genuinely willing and able to take on that responsibility if both parents die. Talk to the people you have in mind before naming them. Their own circumstances, health, location and family commitments may have changed too.

If a beneficiary has died, you should not assume their intended share will automatically pass as you would want. The wording of the will and the circumstances of the family will affect the result. A clear update can avoid uncertainty and reduce the risk of disagreement between those left behind.

Why an old will can cause avoidable difficulty

The problem with an outdated will is not always that it becomes invalid. Often, it remains legally effective while producing a result that no longer feels fair or practical.

Perhaps it leaves everything to a spouse who has died, includes a gift of a property you no longer own, or names an executor who cannot act. It may not account for a new partner, stepchildren or grandchildren. It may also fail to consider the risk that an inheritance could be lost through divorce, bankruptcy, care fees or a beneficiary’s own death.

Blended families need particular care. A straightforward gift of everything to a surviving spouse may be appropriate in some households, but it can mean children from a previous relationship receive nothing if the survivor later changes their own will or remarries. In other cases, trying to control too much through a will can make life unnecessarily difficult for the surviving spouse. The right approach depends on the people involved, the assets available and the protection you want to put in place.

This is where a properly considered will, and sometimes a trust, can provide reassurance. The aim is not to make arrangements complicated for their own sake. It is to make clear decisions now, while you can, so your family is not forced to interpret your intentions later.

Updating your will: codicil or a new will?

A small, clear amendment can sometimes be made with a codicil. This is a separate legal document that changes part of an existing will. It may be suitable where one executor needs to be replaced or a single gift needs adjusting.

However, a new will is often the better choice where there have been several changes or your circumstances are materially different. Multiple codicils can make a will harder to read and increase the chance of inconsistency. A replacement will can set out your current wishes in one clear document and revoke earlier versions.

Do not cross out clauses, write additions in the margin or attach informal notes to your will. Handwritten changes are not automatically valid, and they can create confusion about what was intended. The rules for signing and witnessing a will are strict. In general, your witnesses should not be beneficiaries, or married to beneficiaries, because gifts to them may fail.

What to prepare before your review

You do not need to have every answer before speaking to an estate planning specialist, but a little preparation makes the conversation more productive. Think about who should benefit, who you trust to act as executors, and whether anyone needs additional protection.

It helps to have an up-to-date picture of your assets and liabilities, including your home, savings, investments, pensions, business interests and valuable personal possessions. You should also consider how your home is owned. Joint tenants and tenants in common have different implications for what can pass under your will.

Bring your existing will, any codicils and details of other arrangements that could affect your estate. These may include life insurance, pension nominations and jointly held accounts. If there are family circumstances that could lead to misunderstanding or challenge, such as an estranged relative or unequal gifts between children, raise them openly. Clear advice and careful wording can be particularly valuable in these situations.

Keep the original safe and tell the right people

Once your new will has been signed correctly, store the original safely. A photocopy may be useful for reference, but the original is normally needed when dealing with the estate. Tell your executors where it is held and make sure they can access that information when the time comes.

Reviewing a will is also a good opportunity to consider Lasting Powers of Attorney. A will only takes effect after death. A Lasting Power of Attorney allows trusted people to make decisions for you if illness, an accident or loss of capacity means you cannot manage matters yourself. Together, these documents provide more complete protection for you and your family.

A will review need not be daunting or time-consuming. At Langham Wills, the focus is on listening to your circumstances, explaining the options clearly and helping you put practical protection in place. A home appointment or initial discovery call can give you the space to make decisions carefully, without leaving those decisions until a crisis forces the issue.

The best time to review your will is while it still feels like a straightforward household task, not an urgent problem. A current, clearly drafted will is one of the simplest ways to leave your family certainty, direction and the reassurance that you planned with them in mind.