Why your will may already be out of date

Making a will is one of the most important steps you can take to protect your family and ensure that your estate passes in accordance with your wishes. However, signing a will is not the end of the process.

A will reflects your circumstances at a particular point in time. As your relationships, family, and finances change, it may no longer achieve what you intended and, in some cases, a life event can alter its legal effect.

Marriage and civil partnership

If you marry or enter into a civil partnership after making a will, the will is revoked automatically in England and Wales. Unless you make a new will, your estate would therefore pass under the intestacy rules rather than in accordance with your previous wishes.

There is an exception where a will is made expressly in contemplation of marriage to, or civil partnership with, a particular person. However, the wording must be properly drafted to ensure the will remains valid following the ceremony. This is particularly important in second marriages or civil partnerships, where an earlier will may not protect children and other intended beneficiaries.

Divorce and separation

Divorce does not revoke a will in its entirety. Once a divorce is final, a former spouse is treated as having died on the date the marriage ended for the purposes of the will. Gifts to them will fail, and they will cease to act as an executor or trustee, unless the will shows contrary intention. The remainder of the will stays in place, which can sometimes create unintended consequences.

The position during separation requires particular care. Separation alone does not have the same effect as divorce. Until the divorce is final, an estranged spouse may remain entitled to inherit under the will and may retain an appointment as executor or trustee.

You should therefore review your will as soon as a relationship breaks down. It is unwise to assume that the divorce process will resolve your inheritance arrangements. Divorce and dissolution can also affect property ownership, pensions, insurance policies, and financial arrangements, all of which should be considered alongside the will.

New children and grandchildren

The arrival of a child or grandchild is a natural point at which to reconsider your will. A will should name guardians for children who are under 18 and establish how their inheritance should be managed until they reach a specified age. Without suitable provisions, there may be uncertainty about who should care for young children, how assets intended for them should be administered, and at what age they should benefit outright.

Stepchildren do not automatically fall within the legal meaning of “children”, and foster children or other young people whom you regard as family may also need to be named expressly.

Acquiring property or business assets

Buying a home, acquiring an investment property, receiving an inheritance, or building a business can substantially change the value and composition of your estate and are all reasons to revisit your will. An older will may not deal adequately with these assets or may contain gifts that are no longer proportionate to the estate as a whole.

Property ownership arrangements can significantly affect how assets pass on death and should be reviewed alongside any will.

Business owners should also ensure that succession arrangements and any shareholder or partnership agreements align with their will.

The purchase or sale of a major asset may also affect specific gifts in an existing will. If an asset left to a beneficiary is no longer owned at the date of death, that beneficiary may receive nothing in its place. A review can identify this risk and determine whether broader or more flexible drafting is appropriate.

Changes in family circumstances

Not every reason to update a will involves a formal legal event. Family relationships and individual needs can change gradually.

A beneficiary may die, become vulnerable, develop care needs, or experience financial difficulties. An executor or trustee may no longer be willing or suitable to act. Relationships may become closer or more distant, and new partners, stepchildren, or other dependants may become part of your life.

Blended families require especially careful planning. The interests of a current spouse or partner may need to be balanced with those of children from an earlier relationship. Leaving everything outright to one person in the expectation that they will later provide for others may not achieve the intended result and can leave beneficiaries without protection.

A discretionary will trust may offer flexibility where family circumstances are uncertain or likely to change, as trustees can respond to beneficiaries’ circumstances after death.

Changes to personal relationships should also prompt a review of any letters of wishes, pension nominations, life insurance arrangements, and jointly owned assets. These may sit outside the will but remain important parts of the overall succession plan.

How often should you review your will?

As a general rule, it is sensible to review your will at least every five years and after any major change in your life. You should also review your will after a major life event, such as marriage, separation or divorce, the birth of a child, a house move, or the death of a named executor.

A review does not necessarily mean that the will must be changed; it may simply confirm that the existing provisions remain appropriate. However, even where your personal wishes are unchanged, developments in your finances, the circumstances of beneficiaries, or the tax and legal landscape may make an update advisable.

Minor changes can sometimes be made through a codicil, but for substantial amendments a new will is often the clearer and safer option.

You should not write amendments onto the original document or alter it informally after it has been signed.

Key takeaway

Reviewing your will every five years, and following significant life events, can help ensure it remains aligned with your wishes and reduce the risk of complications for those you leave behind. A timely review is usually far simpler than resolving ambiguity, tax inefficiency, or family disagreement after death.

If you would like advice on making or updating a will, please contact Private Client partner Charlotte Pollard.