The short answer
A Will should reflect your current family, finances and wishes. A useful starting point is to review it every five years, and sooner after a major change in your life. A review does not always mean you need a new Will, but it gives you the chance to check that the people and arrangements named in it are still right.
Key takeaways
- Review your Will every five years and after major life changes.
- Marriage or civil partnership usually revokes an earlier Will unless it was made in contemplation of that specific marriage.
- Do not write on a signed Will; use a properly executed codicil or make a new Will.
When should you review your Will
Review your Will every five years and after significant life changes. GOV.UK highlights marriage, separation or divorce, having a child, moving house and the death of an executor as reasons to look again. You should also consider a review if your financial position changes substantially, you acquire property, a beneficiary dies, or you want to change who receives your estate.
Marriage and divorce can affect an existing Will
In England and Wales, marriage or entering a civil partnership usually revokes an earlier Will unless it was made in contemplation of that specific marriage or civil partnership. If you are planning to marry, make sure your Will deals with this properly. Divorce does not usually cancel a Will. Instead, once the divorce is final, gifts to a former spouse or civil partner and their appointment as executor are generally treated as though they had died before you, unless the Will shows a contrary intention. This can leave gaps or produce a result you did not intend, so review your Will during separation and after divorce.
Check the people named in your Will
Make sure your executors are willing and able to act. If one has died, moved abroad or no longer feels suitable, consider appointing someone else. If you have children under 18, check that your choice of guardian remains appropriate and that the Will provides for them in a way that reflects your circumstances.
Check the gifts and property in your Will
A Will that refers to a particular house, account or item may need attention if you have sold it or your finances have changed. Review who is to receive the balance of your estate, sometimes called the residue, and consider whether the arrangements still work if a beneficiary dies before you. If you own property with someone else, check how it is held: a property held as joint tenants usually passes automatically to the surviving owner, while a share held as tenants in common can pass under your Will.
How do you make a change
Do not write on or alter a signed Will. A minor change can sometimes be made using a codicil, which must be signed and witnessed with the required formalities. For more substantial changes, a new Will is often clearer. It should state that it revokes earlier Wills and codicils, and it must be executed correctly. Keep the original document safe and make sure your executors know where it is.
A Will review can identify issues before they cause delay
A regular review can reveal missing beneficiaries, outdated executors, unclear gifts or a Will that no longer fits your family or assets. If you have business interests, overseas assets, a blended family or a possible inheritance tax issue, tailored advice may be especially helpful.
Frequently asked questions
How often should I review my Will?
A review every five years is a useful guide, and you should also revisit it after major life events or changes to your family, assets or wishes.
Does marriage cancel my Will?
Usually, yes, unless the Will was made in contemplation of that specific marriage or civil partnership.
Can I change my Will by writing on it?
No. A signed Will should not be altered by handwriting. A change must be made using the required formalities, usually by codicil or a new Will.
Speak to The Legal Practice Solicitors
If you would like us to review an existing Will or prepare a new one, contact The Legal Practice Solicitors. We can discuss your circumstances, explain your options and help you put your wishes into a properly prepared document.
Telephone: 020 8903 7017
Email: employmentlaw@thelegalpractice.co.uk
Office: 122-126 Wembley Park Drive, Wembley Park, London HA9 8HP
Legal information
This article is intended for general information only and does not constitute legal advice or create a solicitor-client relationship. The law and individual circumstances can change the outcome. Obtain specific advice before acting. This article concerns the law of England and Wales.
