Does a Will expire? No. In England and Wales, a valid Will does not have an expiry date. Once it has been properly signed and witnessed, it stays in force until it is cancelled, however many years pass.
However, some events can cancel a Will without you realising, and a Will that is still valid can quietly go out of date. This guide explains both.
Does a Will expire after a certain number of years?
No. There is no legal time limit on a Will. A valid Will you signed thirty years ago is still in force today, as long as it has not been cancelled. Lawyers call cancelling a Will “revoking” it.
That is reassuring, but it can also be a trap. An old Will may still name people who have died, leave out grandchildren born since, or appoint executors you would no longer choose. It will still be followed, because it is still valid.
What can cancel a Will?
Under the Wills Act 1837, a Will can be cancelled in these ways:
- Making a new Will. A properly signed and witnessed later Will can cancel an earlier one, in whole or in part. Most Wills say this clearly at the start.
- Getting married or forming a civil partnership. This cancels an existing Will, unless the Will shows it was made in expectation of marrying, or forming a civil partnership with, that particular person.
- Destroying it on purpose. Burning, tearing or otherwise destroying the Will cancels it, but only if it is done with the intention of cancelling it, either by you or by someone else in your presence and at your direction.
- A signed written declaration. A document stating that you are cancelling your Will, signed and witnessed in the same way as a Will.
Our guide on marriage, divorce and your Will explains how marriage affects an existing Will in more detail.
What about divorce?
Divorce does not cancel your whole Will. Instead, once the marriage is legally ended, your Will is read as if your former husband or wife had died on that date. Any gift to them, and their appointment as an executor or trustee, will usually fail, unless your Will shows you intended otherwise. The same applies when a civil partnership is dissolved.
The rest of your Will stays in force. This can leave a Will that no longer reflects what you want, so it is sensible to review it if you separate or divorce.
Can a Will go out of date?
Yes, and this is far more common than a Will being cancelled. Your Will may need updating if:
- you have children or grandchildren
- someone named in your Will has died, or you have lost touch with them
- an executor or guardian is no longer able or suitable to act
- you have separated from a partner or started a new relationship
- you have moved home or your circumstances have changed
- you have simply changed your mind about who should inherit
Our guide on when to update your Will covers these life events in more detail.
Why the original Will matters
Your executors will normally need your original signed Will, not a copy. If the original cannot be found after your death, your executors may face real difficulty, and your wishes may not be carried out as you intended. Keeping it somewhere safe, and telling your executors where it is, avoids this. Our guide on how to store your Will safely explains your options.
How often should you review your Will?
There is no legal requirement to review your Will, but GOV.UK suggests reviewing it every five years and after any major change in your life. Ask yourself whether the people you have named are still the right people, and whether it still says what you would want today. If anything has changed, it is usually best to make a new Will rather than try to alter the old one.
How we help keep your Will up to date
For Wills we write, our Safe Will Plan keeps your original Will in fireproof storage and reminds you to review it each year. Our Legacy Care Plan goes further, with a minor update each year and a brand-new Will every three years, to help keep your Will up to date.
Is your Will still right for you?
If your Will is more than a few years old, or your life has changed since you made it, now is a good time to check it. We write Wills at our Oxford office, in your home or by video call, at fixed fees agreed before we start. See our Wills pricing, or book a free initial chat, online or over the phone.
