When should you update your Will? The short answer is whenever your family, finances or wishes change. A Will is based on your circumstances at the time you make it, so one that was right ten years ago may no longer fit. This guide covers the life events that most often mean you should update your Will under the law of England and Wales, what to check, and how to make changes properly.
Why people put off updating their Will
It is rarely because people do not care. Life gets busy, and thinking about death is not something most of us want to do often. Many people also assume that changing a Will is expensive and complicated. In fact, simple changes are often quick and inexpensive.
Gradual change is another reason. Marriage, children, house moves and new jobs each feel like ordinary parts of life. Yet when you step back, your life may look very different from when you signed your Will. Also, unlike car insurance, a Will does not send you a renewal reminder.
Life events that mean you should update your Will
Some events change the effect of your Will automatically. Others simply make it out of date. Either way, they are a good prompt to look at it again.
Marriage or civil partnership
In England and Wales, getting married or forming a civil partnership revokes any existing Will. The only exception is a Will made in contemplation of marriage or civil partnership to a named person. So if you marry without making a new Will, you may be treated as having died without one, and the intestacy rules will decide who inherits.
Divorce or dissolution
Divorce does not cancel your whole Will. Instead, under section 18A of the Wills Act 1837, your former spouse or civil partner is treated as if they had died on the date of the final order of divorce (or the dissolution order). Any gift to them fails, and they cannot act as your executor. However, the rest of your Will still stands, which may leave gaps you did not intend. Separation alone has no effect, so a separated spouse can still inherit. Our page on marriage, divorce and your Will explains this in more detail.
Children and grandchildren
The birth or adoption of a child is a common reason to update your Will. You may want to provide for them and appoint guardians in case no parent with parental responsibility survives while the child is under 18. In addition, you may want to decide at what age children should inherit, which may need a trust.
The death of a beneficiary, executor or guardian
If someone named in your Will dies before you, their gift may fail or pass somewhere you did not intend. Similarly, losing an executor or guardian can leave nobody suitable to take on the role. A review lets you name replacements.
Changes in your finances or property
A large inheritance, a business change, or buying or selling a home can all affect your estate. For example, a gift of “my house at” a particular address fails if you have since sold it. Also check how any property is owned, because property owned as joint tenants passes to the other owner outside your Will.
Moving abroad or to another part of the UK
Scotland and Northern Ireland have their own succession law, and other countries have different rules again. So if you move, or buy property abroad, it is sensible to have your Will looked at.
Other reasons to review your Will
These situations do not always require changes, but they are worth considering:
- your children reaching adulthood
- a change in your relationship with a beneficiary
- a beneficiary’s circumstances changing, for example illness or financial difficulty
- receiving a serious health diagnosis
- retirement, or starting or selling a business
- changes to tax rules, such as unused pensions coming into Inheritance Tax from 6 April 2027
Even if nothing major has happened, we suggest reading through your Will every few years.
A quick check you can do yourself
A review need not take long. First, read your Will through. Then ask yourself three questions:
- Are the right people still inheriting, in the right shares?
- Are your executors and guardians still the right choices, and have you named replacements?
- Has anything changed in your family, your home or your finances?
When you look at your executors, check that each person is still willing and able to act. Also think about their health, where they live and how well they get on with your beneficiaries.
Digital assets and records
Online banking, email, social media, digital photos and cryptocurrency all need some thought. So make a list of your accounts and what should happen to each one, and keep it with your other papers. However, never write passwords in your Will or keep them with it. Sharing passwords can breach some providers’ terms. Instead, use a secure password manager with an emergency access feature, and tell your executors it exists.
How to update your Will properly
You should never write on the signed Will or cross things out. Alterations made after signing are generally not valid and can cast doubt on the whole document. Instead, any change must be made in a properly signed and witnessed document.
In practice, there are two routes:
- An update for minor changes. Small changes, such as replacing an executor or guardian or changing a smaller gift, can be made by updating your Will. A revised Will is then signed and witnessed in the usual way.
- A new Will for major changes. Bigger changes, such as changing who inherits the rest of your estate or adding a trust, need a new Will. A new Will normally revokes all earlier Wills and gives your executors one clear document.
Whichever route applies, the document must be signed correctly. You must sign, or acknowledge your signature, in the presence of two witnesses who are both present at the same time. Each witness then signs in your presence. A witness should not be a beneficiary or the spouse or civil partner of a beneficiary, because that person loses their gift, although the Will stays valid. Remote video witnessing ended on 31 January 2024, so witnesses must now be physically present.
Finally, tell your executors where the new Will is kept. If earlier copies exist, make sure everyone knows they have been replaced. GOV.UK has a short guide to making and updating a Will.
What if you have lost your Will?
Your executors normally need the original signed Will. If it cannot be found, the court may presume you destroyed it on purpose, especially if you last had it. In some cases a copy can be accepted with the court’s permission, but this takes time and is not guaranteed. So if you have lost your Will, contact whoever wrote it first. If it cannot be found, making a new Will is usually the simplest answer.
Keeping the original somewhere secure helps avoid this. For Wills we write, our Safe Will Plan provides fireproof storage, a yearly reminder and a free yearly review.
How A.D.E. Wills can help you update your Will
If we wrote your Will, our Update service covers up to ten minor changes. It is a fixed fee of £80 for a single Will or £135 for a couple, and we print and post the revised Will to you. Bigger changes need a new Will. Updates are only available for Wills written by A.D.E. Wills. If your current Will was written elsewhere, we do not review it, but we can write you a new Will instead. Our fixed fees are on the Wills Pricing page.
Plans that help keep your Will up to date
Our Safe Will Plan costs £36 a year for one person or £60 a year for a couple. It includes fireproof storage of your original Will, a password-protected copy, an annual reminder and a free yearly review. It also covers release of your Will to your executors, free Will registration and 10% off other Wills services.
Our Legacy Care Plan costs £10 a month for one person or £18 a month for a couple. It includes everything in the Safe Will Plan, plus one minor update a year and a brand-new Will every three years. It also includes registration with the Certainty National Will Register. The plan is only available for Wills written by A.D.E. Wills.
Talk to us about updating your Will
If something in your life has changed, or you have not looked at your Will for a while, Edward is happy to talk it through. Your initial chat is free, with no obligation, and can be online or over the phone. We are open Monday to Saturday, 8am to 6pm. Call 01865 507174 or email info@adewills.co.uk.
