Making a Will is an important step, but it should not be treated as a one-time task that is then forgotten. Life changes, and your Will needs to keep up with those changes. A Will that made perfect sense five or ten years ago may no longer reflect your family, your finances or your wishes today.
Major life events such as marriage, divorce, having children or moving home can all affect your Will. In some cases, the law may change the effect of your Will automatically. In others, your Will may technically remain valid but no longer do what you intended.
For many people, reviewing a Will is much easier than making one from scratch. It is a practical way to check that the people you care about are protected and that your estate would be dealt with in the way you want.
A Will is based on your circumstances at the time it is made. It may name particular beneficiaries, executors, guardians or gifts. If those circumstances change, the Will may become outdated.
For example, you may have appointed someone as an executor who is no longer suitable or available. You may have had children since the Will was made. You may have bought a property, separated from a partner, married, divorced, inherited money or become estranged from someone named in the Will.
Even where the legal document is still valid, it may create uncertainty or unfairness if it no longer reflects your life.
Marriage and civil partnership can have a significant effect on an existing Will. In England and Wales, marriage or civil partnership usually revokes a Will unless the Will was specifically made in contemplation of that marriage or civil partnership.
This means that someone who made a Will while single may find that it no longer applies after they marry. If they do not make a new Will, their estate may be dealt with under the intestacy rules instead.
This can lead to unexpected outcomes, particularly where there are children from a previous relationship, blended families or assets that someone intended to leave to specific people. If you are getting married or have recently married, it is sensible to review your Will as soon as possible.
Divorce does not automatically cancel an entire Will, but it does affect how certain parts of it operate. Once a divorce is finalised, an ex-spouse or former civil partner is generally treated as having died before you for the purposes of gifts and executor appointments in the Will.
However, this does not necessarily mean the Will works well afterwards. There may be gaps, unintended beneficiaries or practical complications. Separation alone does not have the same effect as divorce. This means that if you are separated but not legally divorced, your spouse may still benefit under your Will unless you update it.
During relationship breakdowns, it is easy to focus on immediate issues such as housing, finances and childcare. However, reviewing your Will should also be part of getting your affairs in order.
Having children is one of the most important reasons to make or update a Will. Parents can use a Will to appoint guardians for children under 18. This gives clear guidance about who you would want to care for your children if both parents were no longer able to do so.
A Will can also set out how children should inherit. Without proper planning, a child may inherit at 18, which may not be what parents want. With legal advice, your Will can include arrangements for funds to be held and managed until a more suitable age.
If you made a Will before having children, it may not provide for them in the way you now want. Updating it can give reassurance that your family is properly protected.
A house move may not automatically change the validity of your Will, but it can still be an important reason to review it. Your home is often one of your most valuable assets, and how it is owned can affect what happens after death.
If you own property jointly, it is important to understand whether it is held as joint tenants or tenants in common. Joint tenants usually means the property passes automatically to the surviving owner, while tenants in common means your share can pass under your Will.
If your Will refers to a specific property that you no longer own, or if you have bought a new home with someone else, the wording may need updating. Property ownership and Will planning often need to be considered together.
Marriage, divorce, children and moving home are common triggers for reviewing a Will, but they are not the only ones. You should also consider reviewing your Will if an executor or beneficiary has died, if your financial circumstances have changed, if you have started or sold a business, if you have received inheritance, or if your relationship with a beneficiary has changed.
It is also sensible to review your Will every few years, even if nothing major has happened. A quick check can confirm whether it still reflects your wishes.
It is important not to alter a Will by crossing things out or writing changes on the document. This can create uncertainty and may cause disputes.
Small changes may sometimes be made using a codicil, which is a formal legal document that amends part of a Will. However, where there are several changes or major life events involved, it is often clearer and safer to make a new Will.
A solicitor can advise which option is best and ensure the document is correctly drafted and signed.
Your Will should reflect your current life, not just your life at the time it was written. Marriage, divorce, children and moving home can all affect how your estate should be dealt with, and sometimes they can change the legal effect of your Will.
Reviewing your Will after major life events helps protect your loved ones, reduce uncertainty and give you confidence that your wishes are clear.
At Edward Hands & Lewis Solicitors, we help people make and update Wills in a way that feels straightforward and manageable. Whether you are newly married, recently separated, buying a home, starting a family or simply reviewing an old document, our team can help you put the right arrangements in place.
Edward Hands & Lewis Solicitors
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The information contained in this article does not constitute financial advice or recommendation and should not be considered as such. Edward Hands and Lewis Solicitors does not offer financial advice and is not regulated by the Financial Conduct Authority (FCA), the authors of this article are not financial advisors and are therefore not authorised to offer financial advice.
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