When Should I Update My Will? A Practical Guide
Writing a Will is one of the most responsible things you can do for the people you love. But writing it is only the first step.
A Will is not a set-and-forget document. It is a living reflection of your wishes — and life, as we all know, has a habit of changing those wishes in ways we never quite anticipate.
The uncomfortable truth is this: an outdated Will can be just as damaging as no Will at all. At least when there is no Will, your family knows they are dealing with the intestacy rules. An outdated Will creates a false sense of security — the belief that everything is sorted, right up until the moment it becomes clear that it isn't.
According to research from 2024, 59% of UK parents either don't have a Will or have one that is out of date. And the consequences of that are increasingly playing out in the courts. Probate disputes reaching court have risen by 37% over the past decade, and cases requiring more than twelve months to resolve have increased by 518% between 2019 and 2024.
Behind many of those disputes sits a Will that was once perfectly valid — but no longer reflected the reality of the family it was supposed to protect.
This article is a practical guide to knowing when your Will needs updating, what happens if you don't, and what a review actually involves.
How Often Should You Review Your Will?
The UK Government recommends reviewing your Will every five years as a minimum. Many solicitors recommend every three years. Best practice is to review it whenever your life changes significantly — and at a minimum on a regular schedule regardless.
Think of it like a smoke alarm. You wouldn't fit one and assume it would work perfectly for the rest of your life without ever checking the battery. A Will is the same. The document itself doesn't expire — but the world it was written for might no longer exist.
The good news is that a review doesn't always mean starting from scratch. Sometimes a minor amendment — called a codicil — is all that's needed. Other times, a full rewrite is the cleaner and more reliable solution. A professional adviser will tell you honestly which applies to your situation.
The Life Events That Demand Immediate Action
Some changes in your circumstances are so significant that they require you to look at your Will without delay. Here are the most important ones.
1. Getting married or entering a civil partnership
This is the most critical trigger of all — and the one that catches most people completely by surprise.
Marriage or civil partnership automatically revokes any existing Will in England and Wales, unless the Will was specifically made "in contemplation of" that marriage. This is not a technicality. It is a fundamental legal rule. The moment you marry, any Will you previously wrote ceases to be valid.
The consequences can be devastating. A carefully constructed Will — one that provided for children from a previous relationship, set up trust arrangements, named specific executors — is wiped out at the moment the register is signed. If you then die without making a new Will, the intestacy rules apply, and your estate is distributed according to a legal formula that may bear no resemblance to your actual wishes.
The Law Commission has recommended removing automatic revocation by marriage, but this is not yet law. As of 2025, marriage still revokes your Will. Until any reform is enacted, the rule applies — and the only protection against it is to write a new Will as soon as possible after the ceremony, or to make your Will explicitly in contemplation of a forthcoming marriage before it takes place.
If you have recently married and have not yet updated your Will — or if you are engaged and have not yet made one — please do not wait. This is genuinely urgent.
2. Divorce or separation
Divorce does not revoke your Will — but it changes how it works in ways that may create significant problems.
Under Section 18A of the Wills Act 1837, your ex-spouse or civil partner is treated as if they died on the date the decree absolute was issued. Any gifts to them fail, and any appointment as executor is voided.
That sounds like a helpful automatic fix. In practice, it creates gaps. If your ex-spouse was your primary beneficiary and you hadn't named a substitute beneficiary, your estate may pass in ways you never intended — to a sibling, a parent, or even to your children in proportions that no longer make sense. And if they were your sole named executor, the absence of an alternative means the court must appoint an administrator — a process that delays probate and adds cost.
Separation without divorce is even more treacherous. If you separate without divorcing, your ex-partner may still inherit under your Will. The legal protections that kick in on divorce do not apply during separation. Until the decree absolute is issued, your estranged spouse remains your legal next of kin — and potentially your primary beneficiary — under any Will you have not updated.
If you are going through a separation or divorce, updating your Will should be near the top of your list. Do not wait for the legal process to complete.
3. Having children or grandchildren
If you already have a Will, having children does not automatically invalidate it — but it may make it outdated in ways that matter enormously.
A child born after your Will was written will not automatically be included as a beneficiary. If your Will leaves your estate equally to named children and does not account for future children, your newest arrival may inherit nothing — not because you intended to exclude them, but because you never got around to updating the document.
More importantly, a Will is the only place you can formally name a guardian for your children. Without it, if both parents were to die while the children are still minors, the question of who should care for them would be decided by a court — without any guidance from you. That is a decision most parents feel very strongly about — and yet many never formalise it.
When children become adults, the guardian question no longer applies — but it is often worth revisiting who you have named as executor. A trusted sibling or parent who was the right choice fifteen years ago may now be elderly or unwell. Your adult children may be better placed to act.
4. A significant change in your assets
Your Will should reflect what you actually own. If it doesn't, the distribution of your estate may not work as intended.
Buying a new property, selling the family home, inheriting money or assets, starting or selling a business, significant changes to your pension or savings — all of these can affect whether your Will still achieves what you intended.
Your property is often your largest asset. Any major purchase, sale, or change in ownership should be reflected in your Will to ensure your estate is distributed correctly.
This is particularly relevant if you have changed how you hold a property — from joint tenants to tenants in common, for example — as part of estate planning. The ownership structure interacts directly with your Will, and any change to one should be reviewed in light of the other.
5. A beneficiary, executor, or guardian has died
If someone named in your Will has died, your Will may no longer work as intended — even if it is still legally valid.
If a beneficiary has died and you have not named a substitute, their gift may lapse and fall back into your residual estate — or in some cases be governed by specific legal rules about gifts to children who predecease a parent. If your named executor has died or become incapacitated, the absence of an alternative can cause significant delay and cost during probate.
According to UK probate statistics, cases requiring 12 months or more to resolve increased by 518% between 2019 and 2024. While there are many causes of that increase, the absence of a willing, capable executor is a significant contributor to delay. Naming a substitute executor — and reviewing that choice regularly — is one of the simplest and most effective things you can do to protect your family from unnecessary stress.
6. A change in your relationships
Life changes relationships. The trusted friend named as executor fifteen years ago may now be estranged. The sibling listed as a beneficiary may no longer be someone you would choose. The charity you wanted to support may have changed beyond recognition.
Your Will should reflect your relationships as they are today — not as they were when you last updated the document. If significant relationships in your life have changed, it is worth reviewing whether your Will still says what you want it to say.
7. Moving house or changing how you own your property
A house move does not automatically affect your Will — but it is a natural prompt to check that everything is still in order. The address in your Will may be outdated, but more importantly, any specific provisions relating to the family home should be reviewed to make sure they still work given the new property.
If you are moving as part of a separation, a second marriage, or a significant change in your financial circumstances, the review becomes even more important.
8. Entering a second marriage or blended family
As we explored in our article on estate planning for blended families, remarriage brings with it a specific and urgent set of Will review requirements. Marriage revokes the previous Will. The new family structure — with children from both sides — demands a trust-based approach that simple mirror Wills cannot provide. And stepchildren have no automatic inheritance rights under the intestacy rules, so must be explicitly named.
If you have remarried and not yet updated your Will — or if your family has become more complex since you last wrote one — this is one of the most important reviews you can have.
The Less Obvious Triggers — But Still Important
Beyond the major life events, there are subtler reasons to review your Will that are easy to overlook.
Changes in legislation. Tax law, inheritance law, and rules around trusts all evolve over time. A Will written ten years ago may not take advantage of current exemptions or protections — or may inadvertently be affected by rule changes since it was written. In May 2025, the Law Commission published its "Modernising Wills Law" report with 31 recommendations, including proposed changes to electronic Wills and the age at which Wills can be made. While none of these are yet law, they signal that the legal landscape is shifting. Keeping your Will under regular review ensures it remains fit for purpose as the law develops.
Digital assets. Cryptocurrency, online accounts, cloud storage, digital photo libraries, and domain names are increasingly significant parts of people's estates — and are frequently overlooked in older Wills. If you have digital assets of financial or sentimental value, your Will should address them.
Pension beneficiary nominations. Pensions do not pass through your Will — they are governed by separate nomination forms held by your pension provider. An outdated nomination could mean your pension passes to an ex-spouse or a person who is no longer your intended beneficiary. Review your nominations alongside your Will.
Your Will is in poor condition or cannot be found. If your Will becomes damaged and is presented to the Probate Registry in very poor condition, it could fail the validity checks — a failed Will is the same as not making a Will at all. Similarly, if your Will cannot be found, the Probate Registry will not accept a copy. Keeping your Will in a safe, known location — and telling your executor where it is — is essential.
The Difference Between a Codicil and a New Will
When your Will needs updating, you have two options: a codicil or a full rewrite.
A codicil is a legal amendment to an existing Will. It must be signed and witnessed in the same way as the Will itself. It is appropriate for simple, single changes — correcting a name, updating an address, adding a small gift to a new grandchild, or changing an executor.
For anything more significant — changing beneficiaries, restructuring gifts, dealing with marriage or divorce, or making more than one change — a new Will is almost always the better option. Multiple codicils attached to an older Will create complexity and potential for confusion. A clean, current, properly drafted Will is simpler, clearer, and less likely to be successfully challenged.
The cost of a new Will is modest. The cost of a contested estate — which can run to tens of thousands of pounds and take years to resolve — is not. According to a 2024 inheritance disputes survey, 22% of UK residents would contest a loved one's Will, and three in four people will experience a Will or inheritance dispute in their lifetime. A current, properly drafted Will is your most effective defence against that outcome.
What a Will Review Actually Involves
Many people imagine that reviewing a Will is a complicated and time-consuming process. In practice, it is straightforward — particularly when you work with a professional who comes to you.
A review typically involves:
Checking the basics — are your named beneficiaries, executors, and guardians still the right people? Are any of them deceased, incapacitated, or no longer appropriate?
Reviewing your assets — does your Will reflect what you currently own? Are there new assets that need to be addressed or old ones that no longer exist?
Checking your property ownership — is your home held as joint tenants or tenants in common? Does the current structure match your estate planning intentions?
Considering your family circumstances — have there been births, deaths, marriages, divorces, or changes in relationships since the Will was written?
Checking beneficiary nominations — are your pension and life insurance nominations up to date and consistent with your Will?
Assessing the trust structure — if you have or need a Property Protection Trust or other trust arrangement, does the current Will reflect that correctly?
Most reviews conclude with either reassurance that the Will is still fit for purpose, a straightforward amendment, or a new Will drafted to reflect your current circumstances. The process rarely takes more than one or two home appointments.
The Cost of Doing Nothing
A Will that was once right for you can become the source of exactly the conflict and uncertainty you wrote it to prevent.
In 2024, there were 11,362 applications to enter a caveat — a formal challenge to a Will — marking a substantial rise in contested Wills. Probate disputes reaching court have risen 37% in the last decade, and cases taking more than twelve months to resolve have increased by 518% between 2019 and 2024. Behind many of these disputes is a Will that was real, valid, and sincerely meant — but written for a life that no longer existed.
The cost of a Will review is small. The cost of not having one can be enormous — in legal fees, in family conflict, and in the knowledge that your wishes were not honoured in the way you always intended.
Talk to Us
We help families across North Somerset, Bristol, Bath, Weston-super-Mare, Clevedon, Portishead, Nailsea, and the surrounding area review and update their Wills — at home, at a time that suits them, in plain English.
If it has been more than three years since you last reviewed your Will — or if any of the life events in this article apply to you — we would love to help.
Get in touch today for a free, no-obligation consultation. Make sure your Will still says what you need it to say.
📞 01934 442030 📧 info@futuraplanning.co.uk 🌐 www.futuraplanning.co.uk
Futura Planning Ltd is a specialist estate planning practice based in North Somerset, serving families across Bristol, Bath, Weston-super-Mare, Clevedon, Portishead, Nailsea, and the surrounding area.
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