Making a Will is one of the most important steps you can take to protect your family and ensure your wishes are carried out after your death. However, it is not something that should be written once and then forgotten. As your circumstances change, your Will should evolve with you.
In this guide, we explain when you should consider updating your Will, why it matters, and how to make changes safely and effectively under the law in England and Wales.
Why updating your Will matters
A Will is a legal document that reflects your intentions at a specific point in time. Over the years, those intentions may no longer align with your personal, financial or family situation.
Failing to update your Will can lead to unintended consequences, including:
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Assets passing to the wrong individuals
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Loved ones being left without adequate provision
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Increased exposure to inheritance tax
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Disputes between family members or beneficiaries
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Delays and complications during probate
In some cases, an outdated Will can be almost as problematic as having no Will at all.
When should you update your Will?
There is no strict rule about how often you should review your Will, but as a general guide, it is sensible to revisit it every three to five years. More importantly, you should review it following any significant life event.
Changes in family circumstances
Family dynamics often change over time. You may need to update your Will if you:
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Get married or enter into a civil partnership
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Divorce or separate
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Have children or grandchildren
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Experience the death of a beneficiary or executor
It is particularly important to note that marriage or entering into a civil partnership automatically revokes an existing Will unless it was made in contemplation of that marriage or civil partnership.
This can leave your estate subject to the intestacy rules if no new Will is put in place.
Changes in financial circumstances
Your estate may grow or change in structure over time. You might:
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Acquire or sell property
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Start or sell a business
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Receive an inheritance
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Build up investments or pensions
An outdated Will may not properly reflect these changes or may miss opportunities for tax-efficient planning.
Changes in your wishes
Your personal preferences may also evolve. For example, you may wish to:
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Add or remove beneficiaries
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Change how assets are distributed
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Appoint new executors or trustees
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Include charitable gifts
Regular reviews ensure your Will continues to reflect your intentions.
Why it is important to make changes properly
It can be tempting to make informal amendments to a Will, such as crossing out sections or adding handwritten notes. However, this approach is risky and can lead to uncertainty or disputes.
For a Will to be legally valid in England and Wales, it must comply with strict formalities under the Wills Act 1837. Any amendments must also meet these requirements.
If changes are not made correctly:
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The amendment may be invalid
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The original wording may still apply
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The Will could be challenged
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Probate may be delayed while issues are resolved
Taking proper legal advice ensures your updated Will is clear, enforceable and less likely to be contested.
How to update your Will safely
There are two main ways to update a Will: by making a codicil or by creating a new Will. The appropriate approach depends on the nature and extent of the changes.
Using a codicil
A codicil is a legal document that amends an existing Will without replacing it entirely. It is typically used for minor changes, such as:
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Changing an executor
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Updating a specific gift
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Correcting a small error
A codicil must be signed and witnessed in the same way as a Will. It should clearly refer to the original Will and specify the changes being made.
While codicils can be useful, they are not always the best option. Multiple codicils over time can make your estate planning more complex and increase the risk of confusion.
Making a new Will
For more substantial changes, it is usually advisable to prepare a new Will. This ensures that your wishes are set out clearly in a single, up-to-date document.
A new Will should include a clause revoking all previous Wills and codicils. This avoids any ambiguity about which document applies.
In practice, many solicitors recommend making a new Will rather than relying on codicils, particularly where there have been significant life or financial changes.
Common pitfalls to avoid
Updating your Will is not just about making changes – it is also about avoiding mistakes that could undermine your intentions.
Failing to consider the wider estate
Changes to your Will should be considered alongside other aspects of your estate planning, including:
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Jointly owned property
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Pension death benefits
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Life insurance policies
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Trust arrangements
These assets may pass outside your Will, so it is important to ensure everything works together cohesively.
Not reviewing executors and trustees
Executors and trustees play a crucial role in administering your estate. Over time, your original choices may no longer be suitable.
You should consider whether your appointed individuals are still willing and able to act, and whether professional executors may be appropriate in some circumstances.
Overlooking tax implications
Inheritance tax planning should form part of any Will review. Changes to your estate or the law may create opportunities to reduce tax liability, for example through:
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Use of the nil-rate band and residence nil-rate band
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Gifts to spouses or civil partners
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Charitable legacies
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Trust structures
Professional advice can help ensure your estate is structured efficiently.
Storing your Will incorrectly
Once updated, your Will should be stored safely and its location made known to your executors. A misplaced or damaged Will can cause significant difficulties during probate.
Many solicitors offer secure storage facilities, which can provide reassurance that your Will is protected and accessible when needed.
The importance of professional advice
While it is possible to update a Will yourself, doing so without legal guidance carries risks. Wills and probate law can be complex, and even small errors can have significant consequences.
A solicitor specialising in Wills and probate can:
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Ensure your Will is legally valid
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Advise on the most appropriate structure for your estate
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Help minimise inheritance tax
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Reduce the risk of disputes or challenges
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Provide clarity and peace of mind
At Midwinters, our team takes a practical and sensitive approach, helping you navigate decisions with confidence and ensuring your wishes are properly documented.
Keeping your Will under review
Updating your Will should not be seen as a one-off task. It is part of an ongoing process of managing your affairs and planning for the future.
A simple review every few years, or after major life events, can make a significant difference to how smoothly your estate is administered and how effectively your wishes are carried out.
How Midwinters can help
Whether you need to make a minor amendment or undertake a full review of your estate planning, our experienced team can guide you through the process.
We provide clear, practical advice tailored to your circumstances, helping you make informed decisions and ensuring your Will reflects your current wishes.
Alternatively, you can find out more about our Wills, Trusts and Probate services here:
https://www.midwinters.co.uk/wills-trusts-probate/
Keeping your Will up to date is one of the most effective ways to protect your family and your legacy. With the right advice and regular reviews, you can ensure your wishes are respected and your estate is managed as smoothly as possible.
