When and How to Update Your Will

Writing a Will is often treated as a single event — something to cross off the list and forget about. In reality, a Will is a living document that should reflect your current circumstances, relationships, and wishes.

An out-of-date Will can leave the wrong people out, include beneficiaries you've long lost touch with, or rely on an executor who has died, moved abroad, or simply isn't up to the task any more. In the worst cases — particularly where marriage, divorce, or new children are involved — an old Will can have devastating consequences.

How Often Should You Review Your Will?

As a general rule, review your Will every three to five years, or after any significant life event. Many people find it useful to review their Will at the same time as they review their life insurance or pension — tying it to an existing annual habit helps ensure it doesn't get overlooked.

Life Events That Should Trigger a Will Review

Marriage or civil partnership

This is the most significant trigger — and the most commonly overlooked. Marriage automatically revokes any existing Will in England and Wales. If you married after making your last Will, that Will is no longer valid. You are, in effect, intestate — as if you had no Will at all.

The only exception is a Will that was made "in contemplation of marriage" — a Will specifically drafted in anticipation of the upcoming marriage and stating this explicitly. For most people, this is not the case.

Divorce or dissolution of a civil partnership

Divorce does not revoke your Will in England and Wales — but it does affect how it takes effect. On divorce, any gifts to your former spouse and their appointment as executor are treated as if your ex-spouse had died on the date of the divorce. The rest of the Will remains in force.

This may or may not produce the outcome you want. In most cases, a thorough review and likely a new Will are warranted after divorce, to address who now inherits and who acts as executor.

New children or grandchildren

A child born after your Will was made will not automatically inherit if they are not named. Depending on the drafting of your existing Will, this may or may not be a problem — but it is always worth checking. You should also review the appointment of guardians and consider whether the provisions for how and when children inherit are still appropriate.

Death of a beneficiary

If a named beneficiary dies before you, the gift to them usually lapses — unless your Will includes a substitution clause. Depending on the structure of your estate, a lapsed gift may fall into the residue or even cause a partial intestacy. Review your Will to confirm what happens if any beneficiary predeceases you.

Death or incapacity of an executor

Your executor needs to be alive, willing, and able to act when the time comes. If your named executor has died, become seriously unwell, moved far away, or your relationship has fundamentally changed, it's time to appoint someone new. See our guide on choosing the right executor for what to look for.

Significant change in assets

Buying or selling property, receiving an inheritance, starting or selling a business, or a significant change in the value of your estate may all warrant a Will review. Specific gifts can become impossible (if the item has been sold) or disproportionate (if values have shifted dramatically).

Change in relationships

A falling out with a named beneficiary, a new close friendship or relationship, estrangement from a family member — any significant change in your personal relationships is reason to check that your Will still reflects who you want to benefit and who you don't.

Inheritance Tax planning

IHT thresholds are set by government and change over time. If your estate has grown close to or above the nil-rate band, or if the rules have changed since you last made your Will, a review with IHT implications in mind may allow significant savings. See our guide on Inheritance Tax explained.

New Will vs Codicil: Which Do You Need?

When your existing Will needs updating, you have two options: write an entirely new Will, or add a codicil.

What is a codicil?

A codicil is a separate legal document that amends specific provisions of an existing Will without replacing it entirely. It must be signed and witnessed with the same formalities as a Will — signed by you in the presence of two independent witnesses, who both sign in your presence.

Codicils were once widely used but are now less common. They are appropriate for minor, isolated changes — for example, changing a specific gift, updating an executor's name, or adding a charitable bequest — where the rest of the Will remains entirely appropriate.

When to write a new Will instead

In most cases where a review is triggered, a new Will is the better choice. A new Will:

• Replaces the old Will in its entirety, removing the risk of conflict between documents
• Allows a full review of all provisions, not just the one being changed
• Avoids the confusion that can arise when executors and beneficiaries must cross-reference two documents
• Ensures the Will reflects current law and current best practice in drafting

What Happens to Your Old Will?

When you make a new Will, it should contain a clause revoking all previous Wills and codicils. Once you have signed the new Will, it supersedes the old one.

It is good practice to physically destroy the old Will — shredding it or marking it as revoked — to avoid any confusion. However, destruction alone does not revoke a Will; the revocation clause in the new Will is the legally effective step.

A Note on Wills Made Long Ago

If your Will is more than five years old and you haven't reviewed it since, there is a reasonable chance it needs attention. Over a decade, families grow and change, relationships shift, asset portfolios alter, and the law itself evolves.

Common issues we see in older Wills include: executors who have died; beneficiaries who have predeceased the testator with no substitution; specific gifts of assets that no longer exist; and provisions for children that were appropriate for minors but have not been updated now they're adults.

Reviewing your Will costs far less than sorting out the consequences of an out-of-date one.