Life moves fast, and your will needs to keep up.
Many people create a will and file it away, assuming the job is done. But a will that no longer reflects your circumstances can actively work against you. Gifts can fail. Beneficiaries can be overlooked. In some cases, the entire document can be rendered invalid.
The good news is that keeping your will current doesn’t have to be complicated. Knowing which life events should prompt a review is the first step, and that’s exactly what this guide covers.
8 Life Events That Trigger An Update
Divorce or Separation
Divorce is one of the most disruptive life events you can go through, and its impact on your will is often overlooked. A divorce does not automatically revoke your will; however, once the decree absolute has been granted, the former spouse will be treated as though they predeceased you. This means any gifts left to a former spouse or civil partner will become invalid.
Marriage or Civil Partnership
Entering into a marriage or civil partnership is a significant milestone that extends beyond the day itself. In England and Wales, this automatically invalidates any previous wills you have made. Therefore, you should be either preparing one in anticipation of marriage or reviewing it very soon after the marriage.
Changes to Beneficiaries
If a beneficiary in your will dies, you need to consider what they would have inherited. You need to decide where those assets should now go, and your will needs to reflect that decision.
There is also the fact that your current will may not account for children or grandchildren you have if you created it a long time ago. Without an amendment, children or grandchildren born after your will was drafted will not inherit anything from you.
Assets In Your Estate Change
If you have selected specific items in your will to be left to specific individuals, and then you dispose of those items in your lifetime, the gift will fail. For example, giving your child a watch, but then you lose the watch before you pass.
If your estate has increased or decreased in size/value substantially, you should discuss any amendments with your solicitor to ensure your will is as tax-efficient as possible and still accords with your wishes. For this reason, you should also review any assets you acquire that may qualify for relief against inheritance tax, e.g., business assets or agricultural assets.
Changes In Your Financial Situation
Significant changes in your financial situation, such as receiving an inheritance, starting a business, or having a substantial increase or decrease in wealth, should prompt an immediate review of your will. If you don’t, the change in wealth will not be accounted for and could result in beneficiaries receiving nothing, or assets and property may go unaccounted for entirely.
Legal and Tax Considerations
Considering the legal and tax laws behind your property in a will is very important, as changes in law, such as inheritance laws or tax regulations, will directly affect your estate planning. Speaking to a legal professional will help you stay compliant with current laws and potentially reduce the inheritance tax payable on your estate.
Moving Abroad
Moving to another country is an exciting step, but it raises important questions about whether your existing will remains valid and effective.
Different countries apply different legal frameworks to wills and estates, and a will drafted in England and Wales may not automatically be recognised or enforceable in your new country of residence. Reviewing your will before or shortly after relocating is essential. Here are the key challenges to be aware of:
Recognition abroad Not every country will automatically recognise a will drafted under English and Welsh law. Some jurisdictions require a will to meet specific local formalities, such as particular signing requirements, notarisation, or registration before it can be accepted by their courts. In some cases, you may need a separate will in your country of residence to deal with assets held there, alongside your UK will for assets remaining in England and Wales.
Forced heirship In many countries, particularly across Europe and the Middle East, the law dictates that certain family members (typically children or a spouse) are entitled to a fixed share of your estate regardless of what your will says. This is known as forced heirship, and it can directly override provisions you have made for others. If you are moving to a country with forced heirship rules, your existing will may not reflect what is actually legally possible under that jurisdiction.
Tax exposure Relocating abroad can significantly alter your inheritance tax position. Your domicile status plays a major role in determining your UK inheritance tax liability, and this can persist even after you have left the UK. At the same time, your new country of residence may impose its own succession or estate taxes. Without proper advice, your estate could face taxation in more than one jurisdiction simultaneously.
Changes in Health
If your health changes suddenly, review your will immediately to ensure your wishes are clearly documented while you have full capacity to make them. A will can be challenged on the grounds of mental capacity, which is why acting early matters.
Even putting a power of attorney in place with a trusted family member before you become unable to make your own decisions is a strong option. This service is also offered by Tann Law to help you create a lasting power of attorney.
How Can I Change My Will?
There are two ways to update your will: by creating an official amendment (a codicil) or by drafting a whole new will.
What Is a Codicil and When Should You Use One?
A codicil is a legal document used to make amendments to an existing will without replacing it entirely. Rather than drafting a new will from scratch, a codicil allows you to add, remove, or alter specific provisions while leaving the rest of your original will intact.
Codicils are most appropriate for minor, clearly defined changes. Common examples include:
- Changing the name of a beneficiary following a marriage or divorce.
- Adding a new beneficiary, such as a grandchild born after the original will was drafted.
- Updating your named executor if your original choice is no longer able or willing to act.
- Adjusting a specific gift, for example, replacing a named item that has since been sold or lost.
- Adding or removing a charitable donation.
To be legally valid, a codicil must be signed and witnessed in the same way as the original will: by you in the presence of two independent witnesses, who must also sign. Witnesses cannot be beneficiaries of the will or married to a beneficiary. If these formalities are not followed correctly, the codicil may be invalid, which could create disputes or complications when your estate is administered.
There is no legal limit on how many codicils you can add to a will. However, multiple codicils can make a will harder to interpret and increase the risk of confusion or contradiction between documents.
If you find yourself making several amendments, or if the changes you need to make are substantial, it is usually better to revoke the existing will and draft a new one entirely.
Can I change my will without a solicitor?
Technically, yes, but it does carry some risk. The legal requirements for a valid codicil are identical to those for a will, and even small errors in wording, signing, or witnessing can render the document invalid or open to challenge. Ambiguous language is a common cause of contested estates, and a poorly drafted codicil can undo the clarity of an otherwise well-prepared will.
Using a solicitor to draft or review a codicil is strongly recommended. The cost is typically modest relative to the value of the assets involved and the peace of mind it provides. A solicitor will ensure the wording is legally precise and that the codicil is consistent with the rest of your will.
How Can I Get Help With My Will?
Reviewing or updating your will doesn’t have to feel overwhelming or complicated. At Tann Law, we take the time to understand your circumstances properly, so that when changes happen in your life, your will reflects exactly what matters to you.
Whether you need to make a minor amendment through a codicil or you would like to draft a new will from scratch, our team is here to guide you through it.
To find out how we can help, visit our Wills, Trusts & Probate page or get in touch with the team directly.
📞 024 7763 2323