Making a will is not a one-time task. Your life changes over time, and your will should change with it. An outdated will can cause as many problems as having no will at all, potentially leaving your estate to the wrong people or creating difficulties for your loved ones.
This guide explains the life events and changes that should prompt you to review your will, how the law treats certain situations, and why regular reviews are an important part of estate planning.
In this guide
Life events that should trigger a review
Certain life events have a direct impact on your will and estate plan. When any of these occur, you should review your documents to ensure they still reflect your wishes and remain legally effective.
Marriage and civil partnership
Getting married or entering a civil partnership in England and Wales automatically revokes any existing will, unless that will was made in contemplation of the specific marriage or civil partnership. This means that if you made a will before getting married and did not make a new one afterwards, you may currently have no valid will in place.
Many couples assume their spouse will inherit everything automatically, but without a valid will the intestacy rules apply. These may not distribute your estate in the way you would have chosen, particularly if you have children or significant assets.
Divorce and dissolution
Unlike marriage, divorce does not automatically revoke your entire will. However, it does have significant effects. Any gifts you have left to your former spouse and their appointment as executor are treated as if they had died before you. The rest of the will remains valid.
This can create unexpected outcomes. For example, if you left your entire estate to your spouse with your children as backup beneficiaries, the children would inherit everything after divorce without you needing to change your will. But if your will was more complex, the results might not be what you intended.
It is always advisable to make a new will after divorce to clearly set out your new wishes and ensure there is no ambiguity.
Having children or grandchildren
The birth of a child or grandchild is one of the most important reasons to review your will. You may want to include them as beneficiaries, appoint guardians for minor children, or set up trusts to manage their inheritance until they are old enough to handle it themselves.
If you have children after making your will and do not update it to include them, they may not be provided for in the way you would have chosen. While the law does give courts some power to make provision for children who have been left out of a will, this involves legal proceedings that can be expensive and stressful for everyone involved.
Death of a beneficiary, executor or guardian
If someone named in your will dies before you, their part of the will may fail. Good wills include backup beneficiaries and alternative executors, but if yours does not, or if your backup has also died, you should update your will to name new people.
The same applies to guardians nominated for your children. If the person you chose is no longer able or willing to take on this role, you need to choose someone else and update your will accordingly.
How marriage, divorce and children affect wills
The legal effects of these life events on your will are summarised below:
- Marriage/Civil Partnership: Revokes any existing will unless made in contemplation of that specific marriage
- Divorce/Dissolution: Does not revoke the will, but gifts to ex-spouse and their appointment as executor are treated as if they predeceased you
- Having children: Does not automatically change your will, but children born after a will may have a claim under inheritance legislation if not provided for
- Cohabitation: Moving in with a partner has no automatic effect on your will, but you should review it to ensure your partner is provided for
Property and asset changes
Significant changes to your assets should also prompt a review of your will. If you buy or sell property, receive an inheritance, start a business, or experience a major change in your financial circumstances, your will may need updating.
Some specific situations to watch for include:
- Buying or selling your home or other property
- Receiving a significant inheritance or gift
- Starting, selling or closing a business
- Taking out or changing life insurance policies
- Changes to your pension arrangements
- Moving to a different country (which may affect which laws apply to your estate)
- Significant changes in the value of your investments
If your will includes specific gifts of particular items or sums of money, you should also review it if those assets no longer exist or their value has changed significantly.
Changes to executors or beneficiaries
Your will names specific people to carry out important roles. If your relationship with any of these people has changed, or if their circumstances have changed, you may need to update your will.
Executors: The people you have chosen to administer your estate should be willing and able to take on this responsibility. If an executor has become ill, moved far away, or you have fallen out with them, you should choose someone else.
Beneficiaries: Your feelings about who should inherit from you may change over time. Family dynamics evolve, relationships develop or break down, and new people may come into your life. Your will should reflect your current wishes, not those you had years ago.
Guardians: If you have appointed guardians for your children, consider whether they are still the right choice. Their circumstances may have changed, or your children may have grown up and guardians are no longer needed.
Why regular reviews are important
Even if none of the specific triggers mentioned above apply to you, it is good practice to review your will every three to five years. This ensures you catch any changes you may have overlooked and keeps estate planning on your agenda.
Regular reviews also allow you to consider whether your existing arrangements are still the best approach. The law changes, tax rules change, and new planning opportunities may become available. What was the best solution five years ago may not be the best solution today.
For residents of Kent, including Tonbridge and Sevenoaks, professional will writers can provide regular review services to ensure your estate plan remains current and effective.
How to update your will
There are two main ways to update your will: making a codicil or making a new will entirely.
Codicil: A codicil is a formal addition to your existing will. It must be signed and witnessed in the same way as a will. Codicils are suitable for minor changes, but for significant amendments a new will is usually clearer and safer.
New will: For major changes, it is usually better to revoke your old will and make a new one. This avoids confusion and ensures all your wishes are set out in one clear document. Any new will should contain a clause revoking all previous wills.
You should never make handwritten amendments to your will. Crossing things out or writing additions in the margins may not be legally valid and can create confusion about your true intentions.
Frequently asked questions
How often should I review my will?
You should review your will every three to five years, even if nothing obvious has changed. Additionally, you should review it after any significant life event such as marriage, divorce, having children, or major changes to your assets.
Does getting married affect my existing will?
Yes. In England and Wales, getting married automatically revokes any existing will unless it was made in contemplation of that specific marriage. You should make a new will after getting married to ensure your wishes are properly documented.
What happens to my will if I get divorced?
Divorce does not automatically revoke your will, but it does affect how your ex-spouse is treated. Any gifts to them and their appointment as executor are treated as if they had died before you. You should make a new will after divorce to reflect your new circumstances.
Can I change my will myself or do I need professional help?
You should not make handwritten changes to your will as these may not be valid. For minor changes, a codicil can be used. For significant changes, it is usually better to make a new will. Professional help ensures any changes are legally valid.