A Will is an essential legal document that ensures your wishes are followed after your death, including how your assets will be distributed, who will care for your children, and other important matters. However, life changes—and your Will should change with it. Whether it’s a new addition to the family, a change in financial circumstances, or a shift in personal relationships, it’s vital to review your Will periodically to ensure it reflects your current wishes.
Dawn Cash, Director and Head of Private Client at Waldrons Solicitors, shares her expert insight on why keeping your Will up to date is so important and how to do it correctly.
About the Author – Dawn Cash
Dawn specialises in Wills, Probate, Powers of Attorney and Estate Planning and is passionate about helping clients ensure their affairs are in order. With decades of experience, Dawn advises on both straightforward and complex estates, guiding families through every stage with clarity and care.
Why Should You Update Your Will?
There are several important reasons why updating your Will is essential:
1. Life Changes: Major life events such as marriage, divorce, the birth of a child, or the death of a loved one can drastically affect your wishes. You may wish to add a new beneficiary, change the executor, or update guardianship arrangements for your children.
2. Changes in Assets: If you have bought or sold significant assets—such as property, investments, or a business—your Will should reflect these updates. Failing to do so can lead to confusion or disputes between beneficiaries.
3. Shifts in Relationships: As relationships evolve, so might your intentions. If you’ve grown apart from certain individuals or formed new bonds, it’s important your Will reflects these changes. You may wish to remove a beneficiary or appoint a new executor.
4. Legal and Tax Considerations: Laws and tax rules change over time. Updating your Will can help ensure you take advantage of the most effective strategies to reduce inheritance tax or comply with new legal requirements.
5. Reviewing Beneficiaries: Beneficiaries may have changed their name or address, passed away, or no longer be someone you wish to include. Keeping this section up to date ensures your estate is distributed as intended. While you don’t need to change your Will if a beneficiary marries or moves, it is wise to keep their updated contact details with your Will.
6. Marriage: Getting married automatically revokes a Will unless it was written in contemplation of marriage. If you’re planning to marry, or have recently done so, it’s essential to review your Will accordingly.
How to Update Your Will
Updating your Will doesn’t need to be complicated, but it does need to be done correctly to remain legally valid.
1. Review Your Existing Will: Read through your current Will and reflect on changes in your life since it was last updated. Make a list of updates you would like to make, such as:
- Changing executors
- Adding or removing beneficiaries
- Updating assets
- Adjusting guardianship for children
2. Make a Codicil (for Minor Changes): If your changes are small, you can use a codicil—a separate legal document that amends your existing Will without replacing it.
- A codicil must be signed and witnessed in the same way as your original Will.
- It should clearly outline the changes while reaffirming the validity of the remaining Will.
3. Rewrite the Entire Will (for Major Changes): For significant changes, it’s often best to create a new Will. This automatically revokes your old one.
- State clearly that the new Will revokes all previous testamentary dispositions.
- Work with a solicitor to ensure the Will is properly drafted and legally binding.
4. Consult a Legal Professional: At Waldrons, our fixed fee includes regular reviews of your Will to make sure it still aligns with your wishes.
“Having an out-of-date Will is more dangerous than having no Will at all. People who you appoint as Executors may no longer be able to act for you and you may not be in touch with them any longer. Beneficiaries may have passed away or you may have moved away from them. You may have had children since you made your Will and you have not included them in it. By reviewing your Will regularly, you ensure your wishes remain what you want.” Dawn Cash says.
5. Have Your Will Properly Witnessed: A Will must be signed by you in the presence of two witnesses who are not beneficiaries and who witness each other’s signatures. If not correctly witnessed, your Will may be deemed invalid.
6. Store Your Will Safely: Once updated, store your Will securely—with your solicitor, in a safe place at home, or in a bank deposit box. Let your executors know where it is kept.
It’s also advisable to register your Will with the National Will Register, so it can be located when needed. Waldrons are members of the National Will Register, and your Will is registered free of charge when signed through us.
How Often Should You Update Your Will?: There’s no set timeframe, but a good rule of thumb is to review your Will every 3 to 5 years, or whenever a significant life event occurs. Keeping it up to date avoids confusion and ensures your estate is handled exactly as you intend.
According to the National Wills Report 2024, 67% of Wills have been updated in some way, yet 47% of over-55s have never updated their Will.
Conclusion
Updating your Will is also a great opportunity to ensure it is written and reviewed by a qualified solicitors rather than a Will writer. While Will writing companies may offer a cheaper initial service, they are not regulated in the same way as solicitors and may not provide the same level of legal protection or long-term reliability. For a deeper look at the differences, see our article: Will Writers or Solicitors: Which is the Right Choice for You?
Updating your Will is one of the simplest yet most powerful ways to protect your loved ones and ensure your estate is handled properly. Whether it involves minor adjustments or a complete rewrite, the most important thing is to review it regularly and make updates legally.
Working with an experienced solicitor gives you peace of mind that your Will is valid, up to date, and reflects your true intentions.
Need help reviewing or updating your Will? Contact the Wills and Probate team at Waldrons today.
