Making a Will is one of the most important steps you can take to protect your loved ones. However, writing a will is not a one-time task. Life changes, and your Will needs to reflect those changes to ensure it remains valid and effective.

Senior Associate Solicitor and member of The Association of Lifetime Lawyers, Sharon Woodward , celebrates Update Your Will Week by breaking down the importance of keeping a Will up-to-date.

Regularly reviewing and updating your Will helps make sure your wishes are carried out, your family is protected, and your estate is distributed in the way you intend under the law of England and Wales.

Research from the Lifetime Lawyers shows 1 in 10 people have started a Will but haven’t yet finished it, and it is believed that over 10,000 people are disputing a loved ones will. If your Will isn’t finished, or hasn’t been reviewed it leaves it open to dispute after your death. This is an expensive and time consuming battle for your loved ones to face during their will.

Key life events that can affect whether your Will is valid

Certain life events can significantly affect your Will, and in some cases, make it invalid altogether.

Marriage or civil partnership

In England and Wales, marriage or entering into a civil partnership automatically revokes an existing Will unless the Will was made in contemplation of that specific marriage or civil partnership.

This means if you marry and do not update your Will, your previous Will is cancelled. If you do not make a new one, the intestacy rules apply.

Divorce or dissolution of a civil partnership

Divorce does not invalidate your entire Will. However, it does treat your former spouse or civil partner as though they have died for the purposes of the Will.

This can create unintended consequences, particularly if your former partner was named as an executor or beneficiary. Reviewing your Will following a separation or divorce is essential.

Having children or grandchildren

The birth or adoption of a child is a significant reason to review your Will. You may wish to:

• Appoint guardians if you are parent, so should anything happen to you and the other parent you know your child will be cared for by the people you want.
• Create trusts to manage money for children until they are old enough to manage the responsibility.
• Update who inherits your estate so you know that the right people will benefit and that everyone you love is included.

Without a Will, you lose the opportunity to choose who will look after your children.

Buying or selling property

Purchasing a home, investment property or other valuable asset can affect how your estate should be structured. Joint ownership arrangements, such as joint tenants or tenants in common, can also influence how your property passes on death.

If your property ownership changes, your Will should be reviewed to ensure it aligns with your intentions.

Significant changes in financial circumstances

Starting a business, receiving an inheritance, or building up substantial savings or investments can all impact your estate planning.

Equally, if your financial situation changes for the worse, your existing gifts may no longer be appropriate or practical.

Death of an executor or beneficiary

If someone named in your Will dies before you, your Will may not operate as intended. While some Wills include substitute beneficiaries, this is not always the case.

A review ensures that your chosen executors and beneficiaries are still appropriate.

Moving abroad or acquiring assets overseas

If you relocate or acquire property outside the UK, you may need separate Wills in different jurisdictions or specialist advice to avoid conflicts between legal systems.

How often should you review your Will?

As a general rule, you should review your will every three years, even if no major life events have occurred.

You should also review it immediately after any of the key events listed above.

A review does not always mean a complete rewrite. In some cases, a simple amendment known as a codicil may be sufficient. However, significant changes are often better dealt with by preparing a new will to avoid confusion.

Why it is important to update your Will

1. To ensure your wishes are carried out

If your circumstances change but your Will doesn’t, your estate may not be distributed as you would expect. This can lead to disputes, delays and unnecessary stress for your family at an already difficult time.

An up-to-date Will gives clarity. It ensures your executors understand your intentions and reduces the risk of misunderstandings or legal challenges.

2. To protect your whole family, not just the ones recognised by law

Family structures are often more complex than they once were. Blended families, unmarried couples and step-children are common. The law does not automatically provide for everyone you may wish to benefit.

If you die without a valid Will, the intestacy rules apply. These rules do not take account of personal circumstances and may exclude unmarried partners or step-children entirely.

3. To minimise the risk of disputes

Outdated Wills are more likely to be challenged. A clear, professionally drafted and regularly reviewed Will is far harder to dispute. It shows that your intentions were considered and current.

4. To manage inheritance tax planning

Tax rules and thresholds can change over time. Your own financial position may also change. Reviewing your Will allows you to consider whether your estate planning remains tax efficient and whether additional steps should be taken to protect your assets for future generations.

What happens if you don’t update your Will?

If your Will becomes invalid or no longer reflects your circumstances:

• Your estate may be distributed under the intestacy rules
• Unintended beneficiaries may inherit
• Loved ones could receive less than you intended
• Your estate administration could become more complex and costly
• The risk of disputes may increase

In some cases, failing to update your Will can undo careful estate planning entirely.

Keeping your Will legally valid

For a Will to be valid in England and Wales, it must:

• Be made by someone aged 18 or over
• Be made voluntarily
• Be made by someone with mental capacity
• Be in writing
• Be signed by the person making it in the presence of two independent witnesses, who must also sign it

Do I need to go to the same solicitor who wrote my Will to update or change it?

No, you can use any solicitor to update or change your Will . If a Will is amended then it automatically revokes any previous versions of the Will.

Your Will is not a document to put in a drawer and forget. It should evolve as your life evolves.

Regularly reviewing and updating your Will ensures it remains legally valid, reflects your current wishes, protects your loved ones and supports effective inheritance tax planning.

If your circumstances have changed or you are unsure whether your Will is up to date, taking advice now can provide peace of mind for you and security for those you care about most.

If you would like to review your Will our Wills and Probate solicitors are happy to help. Get in touch today on 0800 138 0458 or using the form below.