Life Changes and Your Will: When to Update Your Estate Plan
I’m writing this from my office in Oxfordshire, having returned from Malaysia just a few days ago. It’s strange how quickly you settle back into normal life after being away for a month. The washing is done, the suitcase is put away, and I’m back at my desk as if I never left. But something about traveling—especially extended travel—gives you perspective on life at home that you don’t get when you’re in the daily routine.
Over the past three weeks, I’ve written about estate planning document accessibility, the importance of Lasting Powers of Attorney, and how to ensure your executors can access your digital assets. This week, as I’ve been catching up with clients and reviewing files that accumulated whilst I was away, I’ve been thinking about something that ties all of these topics together: the importance of keeping your Will up to date.
A month away from home made me see my life with fresh eyes. Small things had changed. Priorities had shifted slightly. Relationships had evolved. Nothing earth-shattering, but enough to make me wonder: when did I last properly review my Will? And more importantly, does it still accurately reflect my current circumstances and wishes?
This is a question more people should ask themselves regularly. Most people create a Will once and then never look at it again. They tuck it away somewhere safe and assume the job is done. But life doesn’t stand still, and a Will that perfectly reflected your circumstances five or ten years ago might be seriously out of date today.
Why People Don’t Update Their Wills
Before we discuss when to update your Will, it’s worth understanding why so many people don’t. It’s not that people don’t care about their estate planning. Life gets busy, updating a Will feels like a task you can put off, and frankly, thinking about death isn’t something most of us want to do regularly.
Many people also assume that updating a Will is expensive and complicated. They imagine needing to start from scratch, go through the whole process again, and pay substantial fees. In reality, updating a Will can often be straightforward and relatively inexpensive, especially if you’re making simple changes.
The Gradual Change Problem
Some people don’t update their Wills because they don’t realize how much their circumstances have changed. When you’re living your life day to day, gradual changes don’t feel significant. Marriage happens, children arrive, house moves occur, jobs change—each event feels like just another part of life. But when you step back—perhaps after extended time away, or during a quiet moment of reflection—you realize that your life today looks quite different from your life when you wrote your Will.
There’s also an element of “out of sight, out of mind.” Once you sign and store away your Will, it’s easy to forget about it. Unlike your house insurance that renews annually or your car that needs regular servicing, your Will doesn’t demand your attention. It sits quietly wherever you’ve stored it, and years can pass without you giving it a thought.
What Happens When You Don’t Update Your Will
An outdated Will can create serious problems for your family after you die. The issues range from minor inconveniences to major complications that can cause family disputes, financial losses, and years of stress.
Consider what happens if your Will names executors who are no longer appropriate. Perhaps you appointed your parents as executors twenty years ago when you first made your Will. Age or death might now make them unsuitable. When appointed executors cannot or will not act, your family faces additional legal processes to appoint someone else, causing delays and extra costs at an already difficult time.
The Divorce Problem
Outdated beneficiary provisions create even more significant problems. Your Will might leave everything to your spouse, but if you’ve since divorced and remarried, your ex-spouse could inherit everything unless you’ve updated your Will. Under the law of England and Wales, divorce doesn’t automatically revoke the parts of your Will that benefit your ex-spouse—you need to update your Will to reflect your new circumstances.
The Children Issue
Children represent one of the most common reasons Wills become outdated. Your Will might not mention children because you didn’t have any when you wrote it. Alternatively, it might provide for two children when you now have four. Perhaps you made specific bequests to your children that no longer make sense given their current ages, needs, or circumstances.
Guardian appointments for minor children are particularly important. When your Will appoints guardians for young children, but those children are now adults, those provisions are redundant. Conversely, if you’ve had children since writing your Will and haven’t appointed guardians, the court will decide who raises your children if both parents die. This might not be the choice you would have made.
Financial Provisions for Children
Financial provisions for children also need regular review. A trust structure that made sense when your children were infants might not be appropriate now they’re teenagers or young adults. The trustees you appointed might no longer be suitable. The age at which children receive their inheritance might need reconsidering based on their maturity and circumstances.
Property and Assets
Your assets probably look different now from when you made your Will. You might have bought property, sold property, or moved house. Savings or investments might have accumulated that didn’t exist when you wrote your Will. Perhaps you’ve started a business or acquired valuable possessions.
When your Will makes specific bequests of property you no longer own, those gifts fail. For example, if your Will leaves “my house at 15 Oak Street” to your daughter, but you’ve since sold that house and bought a different one, your daughter doesn’t inherit your new house—that gift has adeemed (failed because the asset no longer exists in your estate). This might not be what you intended.
The Residuary Clause
Similarly, if you’ve acquired significant new assets that aren’t covered by your Will’s residuary clause, they’ll pass according to that clause—which might not reflect your current wishes. The residuary clause is the part of your Will that deals with “everything else” after specific gifts. It’s important, but many people don’t think carefully about it when they make their Will.
Changed Relationships
Relationships change over time. People who were close to you when you made your Will might have drifted apart. Family members you’ve included as beneficiaries might have behaved in ways that have changed your feelings about leaving them an inheritance. New people might have become important in your life—new partners, stepchildren, close friends, or godchildren.
Your Will should reflect your current relationships, not relationships as they were years ago. When you no longer speak to the sibling you left half your estate to, or if you’ve developed a close relationship with stepchildren who aren’t mentioned in your Will, these are signs that an update is needed.
Changed Roles and Responsibilities
Changed relationships don’t always mean adding or removing beneficiaries. Sometimes it means reconsidering who you’ve appointed to important roles. The friend you appointed as executor might have moved abroad. The brother you appointed as trustee might be going through financial difficulties. The sister you chose to be guardian to your children might now have health problems that make her unsuitable for that role.
Major Life Events That Require a Will Update
Certain life events should always trigger a Will review. These are significant changes that almost certainly affect your estate planning and require prompt attention.
Marriage or Civil Partnership
Getting married or entering into a civil partnership automatically revokes your existing Will under the law of England and Wales, unless that Will was specifically made in contemplation of that marriage or civil partnership. This means that if you get married and haven’t made a new Will, you die intestate—without a valid Will—and your estate passes according to the intestacy rules rather than your wishes.
Many people don’t realize that marriage revokes their Will. They assume that their existing Will remains valid and that their new spouse will inherit according to its terms. This assumption is incorrect. Even if your existing Will left everything to your new spouse, it’s no longer valid after your marriage unless it was made “in contemplation of marriage to [specific person].”
What to Do After Marriage
The solution is straightforward: make a new Will after you get married. This new Will should reflect your married status and clearly state your wishes for how your estate should be distributed. It should consider not just your spouse, but also any children from previous relationships, and how you want your estate divided if your spouse dies before you or at the same time as you.
Divorce or Dissolution
Divorce doesn’t automatically revoke your entire Will, but it does revoke any appointments of your ex-spouse as executor, trustee, or beneficiary. Your Will treats your ex-spouse as if they died on the date your decree absolute was granted. This might be what you want, but it might create unintended consequences.
For example, if your Will left everything to your spouse and made no provision for what happens if your spouse predeceased you, after your divorce your entire estate might pass under the intestacy rules rather than according to your wishes. Clearly, this scenario isn’t ideal.
Post-Divorce Planning
Even if the effect of divorce on your Will seems acceptable, you should still make a new Will after divorce. Your circumstances have changed significantly. All your provisions probably need reconsidering, not just those relating to your ex-spouse. New executors need appointing if your ex-spouse was your executor. Financial provisions for children should be reviewed. Provisions about remarriage might need including.
Birth or Adoption of Children
Having or adopting a child fundamentally changes your life and should change your Will. When you don’t have a Will and children arrive, you need to make one urgently. When you have a Will but it doesn’t mention children, updating becomes essential.
Your Will should appoint guardians for minor children. Without this, if both parents die, the court decides who will raise your children. The court will consider the children’s best interests and consult family members, but the decision might not align with what you would have chosen.
Financial Planning for Children
Financial provisions for children are equally important. How should your estate be divided between your spouse and children? At what age should children inherit? Should their inheritance be held in trust until they reach a certain age? Who should be trustees? These questions need careful consideration and clear documentation in your Will.
Death of Beneficiaries or Executors
When someone named in your Will dies, you should review your Will. A beneficiary’s death means you need to consider whether their gift should pass to someone else or fall into your residuary estate. An executor’s death requires you to appoint a replacement. When guardians you’ve appointed for your children die, new ones need appointing.
Many Wills include substitute beneficiaries and replacement executors for exactly this reason. For example, your Will might leave a gift to your sister, but if she predeceases you, the gift goes to her children instead. However, even with these provisions, it’s worth reviewing your Will when someone named in it dies, to make sure the substitution provisions still reflect your wishes.
Significant Change in Financial Circumstances
When your financial circumstances change significantly—whether you come into money or face financial difficulties—you should review your Will. Coming into money might mean you want to make more substantial gifts to family members, create trusts, or make charitable bequests. Financial difficulties might mean you need to reconsider the financial provisions in your Will to reflect reality.
Asset Value Changes
Significant changes in asset values also warrant a Will review. When your house has increased substantially in value, or if investments have grown significantly, the overall value of your estate might be much larger than when you made your Will. This could have inheritance tax implications or mean that percentage-based gifts are now far more or less valuable than you intended.
Starting or Selling a Business
Business ownership complicates estate planning. When you’ve started a business since making your Will, you need to consider what should happen to that business when you die. Should you sell it? Should it pass to specific family members? How will business assets be valued? Who will manage the business during probate?
Selling a business you owned when you made your Will also requires a review. The sale proceeds might represent a significant new asset that changes the overall composition of your estate. Specific provisions in your Will relating to the business are now redundant and should be removed to avoid confusion.
Moving House or Abroad
Moving house within England and Wales doesn’t necessarily require a Will update, but it’s a good opportunity to review your Will while you’re organizing everything else. When your Will makes specific reference to your previous address, you might want to update it for clarity, although this isn’t strictly necessary if your Will refers to “my main residence” or similar general terms.
However, if you move to a different country, you absolutely must review your Will. Other jurisdictions might not recognize Wills made under the law of England and Wales. Even if you remain ordinarily resident in England and Wales, if you own property abroad, you might need separate Wills to cover assets in different countries. This gets complex quickly and requires professional advice.
Changed Tax Laws or Inheritance Tax Thresholds
Tax laws change. Inheritance tax thresholds change. Reliefs and exemptions change. When there have been significant changes to tax legislation since you made your Will, it’s worth reviewing your estate planning to ensure you’re taking advantage of available reliefs and your estate is structured efficiently.
For example, changes to the residence nil rate band (the additional inheritance tax allowance for passing your main residence to direct descendants) might affect your estate planning. Changes to business property relief, agricultural property relief, or rules about gifts might also be relevant.
Professional Will writers and estate planners stay current with these changes. When you haven’t reviewed your Will in several years, it’s worth checking whether recent legislative changes affect your estate planning.
The Annual Review Principle
Rather than waiting for major life events to trigger a Will review, many experts recommend reviewing your Will annually. This doesn’t mean you need to update your Will every year—in most years, no changes will be necessary. But an annual review ensures you’re consciously considering whether your Will still reflects your current circumstances and wishes.
Questions to Ask During Review
An annual review can be simple. Take out your Will and read it. Ask yourself: do the appointed executors, trustees, and guardians still make sense? Are the beneficiaries still appropriate? Have my circumstances changed in ways that affect my estate planning? Does the distribution of my estate still reflect my wishes? Are there new assets or changed assets that need consideration?
When to Schedule Your Review
Many people find it helpful to review their Will at the same time each year. Some do it on their birthday. Others do it at the start of each new year. The specific timing doesn’t matter—what matters is developing the habit of regular review.
An annual review with your financial adviser or accountant provides an excellent time to review your Will as well. Estate planning doesn’t exist in isolation from the rest of your financial planning. Coordinating your Will review with other financial reviews ensures a holistic approach to your affairs.
How Much Does Updating a Will Cost?
Many people put off updating their Wills because they assume it will be expensive. In reality, the cost of updating a Will depends on the nature and extent of the changes needed.
Simple changes—such as replacing an executor, updating an address, or adding a small gift—can often be made relatively inexpensively. For very minor changes, it might be possible to add a codicil (a legal amendment to your Will) rather than making an entirely new Will, although codicils have fallen out of favor because they can create confusion and aren’t suitable for significant changes.
When You Need a New Will
For more substantial changes—such as fundamentally restructuring your estate distribution, adding trust provisions, or reflecting major life changes like remarriage with stepchildren—you’ll need a new Will. The cost varies depending on the complexity of your circumstances, but it’s almost always less expensive than people fear.
More importantly, the cost of updating your Will is trivial compared to the potential cost of not updating it. An outdated Will can result in unintended beneficiaries receiving your estate, family disputes, additional legal costs during probate, inheritance tax inefficiencies, and years of stress for your family. The money you save by not updating your Will pales in comparison to the financial and emotional costs that an outdated Will can create.
Codicils vs. New Wills
A codicil is a legal document that amends your existing Will rather than replacing it. Codicils were more common in the past when Wills were often handwritten and making a new Will was more cumbersome. Today, with modern technology making it easy to produce new Wills, people use codicils less frequently.
Codicils can work for very simple, minor changes—such as changing an executor or updating a specific gift. However, they create additional documents that you must store with your Will and can cause confusion. Multiple codicils referring to and amending each other can become difficult to interpret.
Why New Wills Are Better
For this reason, most professional Will writers recommend making a new Will rather than adding codicils, even for relatively minor changes. A new Will supersedes all previous Wills and codicils, creating a single, clear statement of your wishes. This reduces the risk of confusion and makes your executor’s job easier.
What About DIY Will Updates?
Some people attempt to update their Wills themselves by crossing out provisions and adding handwritten notes. This approach is extremely risky and often results in invalidating the entire Will or creating ambiguity that leads to disputes.
Under the law of England and Wales, you must execute any alterations to a Will after it has been signed and witnessed with the same formalities as the original Will. This means you must sign the alterations and have two independent witnesses who are not beneficiaries witness them. Alterations that don’t meet these requirements aren’t valid.
The Danger of DIY Alterations
Moreover, alterations create uncertainty. Did you make them? When did you make them? Were you of sound mind when you made them? Were you under undue influence? These questions can lead to litigation that costs your estate far more than the cost of properly updating your Will would have been.
The simple rule is: never attempt to alter your Will yourself. When you need to make changes, consult a professional Will writer who can prepare either a proper codicil or, more commonly, a new Will that clearly supersedes the old one.
Signs Your Will Needs Reviewing
Beyond the major life events we’ve discussed, there are subtle signs that your Will might need attention. These aren’t always obvious, but they’re worth considering during your annual review.
Your Will Is Very Old
When your Will is more than five years old, it deserves a review. Even if nothing major has changed in your life, laws change, tax thresholds change, and your circumstances evolve gradually in ways you might not notice day to day. A Will that’s more than ten years old almost certainly needs updating.
You Can’t Remember What’s in It
When you can’t remember the key provisions of your Will—who your executors are, who your main beneficiaries are, or how your estate distributes—you need to review it. This suggests it’s been so long since you thought about your Will that it’s probably out of date.
Your Family Has Grown or Shrunk
Changes in family size aren’t always dramatic single events. Perhaps your children have had children, giving you grandchildren. Younger family members might have reached adulthood. Perhaps elderly relatives have died. All of these gradual changes in your family structure might affect your Will provisions.
Your Priorities Have Changed
What mattered to you ten years ago might not matter as much today. Perhaps you’ve become more interested in supporting certain charities. Closer relationships with nieces and nephews might have developed. Perhaps you’ve drifted apart from siblings you were once close to. When your priorities and relationships have evolved, your Will should reflect this.
Your Executors Have Changed Circumstances
Even if you haven’t changed, the people you’ve appointed in your Will might have. Your sister you appointed as executor might have moved abroad. Your brother who was supposed to be trustee might be going through financial difficulties. Your best friend you chose as guardian might now have health problems. Regular review helps you spot when your appointed people are no longer suitable for their roles.
What If You’ve Lost Your Will?
When you can’t find your Will, this is a serious problem that needs immediate attention. Your executors will need your original Will to obtain probate. Without it, they’ll need to apply for probate without a Will, and your estate will pass according to intestacy rules rather than your wishes.
Finding Professional Storage
When you’ve lost your Will, contact whoever helped you prepare it. Many Will writers and solicitors store Wills for their clients. When your Will is stored with a professional service, they can provide a certified copy or the original.
When your Will cannot be found and wasn’t professionally stored, you have no choice but to make a new Will. Don’t put this off. Until you have a valid Will in place, your estate is at risk of passing according to intestacy rules if you die unexpectedly.
The Process of Updating Your Will
Updating your Will is more straightforward than most people imagine. The process typically involves the following steps.
Step One: Review Your Existing Will
Begin by reviewing your existing Will carefully. Make notes about what needs to change. Consider whether these are minor amendments or substantial changes. Think about whether your overall estate distribution still makes sense or whether you need to rethink your approach.
Step Two: Gather Information
Next, gather relevant information. Changing executors requires their full names and addresses. Adding beneficiaries means their details become necessary. When your circumstances have changed significantly, think about your current assets and liabilities.
Step Three: Consult a Professional
After that, consult a professional Will writer. Explain what needs to change and why. They’ll advise whether a codicil is appropriate or whether you need a new Will. They’ll discuss options you might not have considered and ensure your updated Will is legally sound.
Step Four: Review the Draft
Following that, they’ll prepare your new Will or codicil. Review it carefully to make sure it accurately reflects your wishes. Check all names, addresses, and details are correct. Make sure you understand all the provisions.
Step Five: Execute Properly
Then execute your new Will properly. This means signing it in the presence of two independent witnesses who are not beneficiaries under the Will. Both witnesses must be present at the same time. Your witnesses sign to confirm they witnessed your signature. This is essential—an improperly executed Will isn’t valid.
Step Six: Store Safely
Once complete, store your new Will safely and make sure your executors know where to find it. Destroy your old Will and any copies to avoid confusion. When your old Will was stored professionally, arrange for the new Will to replace it.
Step Seven: Communicate
Finally, tell relevant people that you’ve updated your Will. You don’t need to share the contents, but your executors, and anyone you’ve appointed as guardians or trustees, should know that an updated Will exists and where to find it.
What About Digital Copies?
Your original Will must be a physical document signed by you and witnessed according to legal requirements under the law of England and Wales. Courts don’t accept digital copies, scanned copies, or photographs of your Will for probate purposes, although they can be useful as backups for reference.
Storing Your Original Will
You should keep your original Will safe, but accessible to your executors when needed. Many people use professional Will storage services. Others keep their Will with their solicitor or Will writer. Some people keep their Will at home in a safe or secure location.
Wherever you store your original Will, make sure your executors know where it is and can access it when needed. There’s no point having a perfectly drafted, up-to-date Will if nobody can find it when you die.
The Peace of Mind Factor
Beyond the practical benefits of having an up-to-date Will, there’s significant peace of mind in knowing your affairs are properly organized. When you’ve reviewed your Will and confirmed it accurately reflects your current circumstances and wishes, you can stop worrying about it. Knowing that if something happens to you, your family will be looked after according to your wishes provides reassurance.
Peace of Mind for Your Family
This peace of mind extends to your family as well. When they know you have a current, well-drafted Will, they won’t need to worry about what will happen if you die. Uncertainty about your wishes won’t trouble them, nor will arguments about how to distribute your estate. An up-to-date Will is a gift you give to your family—the gift of clarity and certainty at a difficult time.
How A.D.E Wills Can Help
At A.D.E Wills, we help people across England and Wales create and update Wills that accurately reflect their current circumstances. We understand that life changes constantly, and your Will should change with it. We make the process of reviewing and updating your Will as straightforward and stress-free as possible.
Our Review Services
When you’re not sure whether your Will needs updating, we can review it with you and advise on whether changes are necessary. We’ll explain your options, discuss the implications of different approaches, and help you make informed decisions. When updates are needed, we’ll prepare a new Will that clearly reflects your current wishes.
We can also set up annual review reminders if you’d like help establishing a regular review habit. Many of our clients appreciate a prompt each year to think about their Will, even if they ultimately decide no changes are needed.
Our Approach
Whether you need minor amendments or a complete redraft of your Will, we’re here to help. We offer clear, straightforward advice with transparent pricing. We’ll explain everything in plain English and make sure you understand all the provisions in your Will.
You can reach us by calling 01865 507174 or emailing info@adewills.co.uk. We offer professional advice tailored to your individual circumstances. Keeping your Will up to date is one of the most important things you can do for your family. Don’t let an outdated Will create problems for the people you care about.
For more information about estate planning, explore our resources on Wills, Lasting Powers of Attorney, document organisation, and digital assets.
This concludes my four-part series on estate planning inspired by my month in Malaysia. I hope these articles have prompted you to think about your own estate planning and take steps to ensure your affairs are properly organized. Remember: estate planning isn’t about being morbid or pessimistic. It’s about being prepared, organized, and thoughtful about the people you care about.
Disclaimer
This article provides general information about Wills and estate planning under the law of England and Wales. You should not consider this as personalised legal or financial advice. A.D.E Wills are professional Will writers and estate planners, not solicitors or financial advisers. We recommend that clients seek appropriate professional advice for complex legal matters or financial planning questions. Individual circumstances vary. You should make decisions about Wills and estate planning based on your specific situation with appropriate professional guidance.
