The 7 Moments in Life When You Must Update Your Will

Most people appreciate the importance of having a Will. More often, they make one at a particular point in life, feel reassured that it has been dealt with, and then don’t think about it again for many years.

The difficulty is that life rarely stands still. Families grow, relationships change, and financial circumstances evolve. Over time, a Will that once reflected your wishes perfectly can begin to fall out of step with your current situation.

There is rarely a clear moment when a Will suddenly becomes obsolete. Instead, it gradually becomes less aligned with reality, until it no longer achieves what you actually want.

If you already have a Will in place, the important question is not simply whether it exists, but whether it still works in the way you expect it to.

There are certain points in life where it is particularly important to review it.

Marriage

Marriage or entering into a civil partnership is one of the most significant of those moments, both personally and legally.

In England and Wales, marriage currently revokes an existing Will unless it was made in contemplation of that specific marriage.

This is not widely understood. It can leave people in the position of believing they have a valid Will when, in fact, they do not. In those circumstances, their estate would be dealt with under the rules of intestacy, which follow a strict legal framework and may not reflect their personal wishes.

For something so important, it is an easy point to overlook, particularly in the excitement of getting married.

Divorce or separation

Divorce does not cancel a Will, but it does change how it operates.

The law treats a former spouse or civil partner as though they had died for the purposes of any gifts or appointments within the Will. This can create unintended consequences, such as gaps in the appointment of executors or assets passing in a way that no longer reflects your intentions.

Where couples are separated but not yet divorced, the position is different again. A spouse may still benefit under the existing Will, which can come as a surprise.

At this stage, a review helps ensure the Will still functions as intended rather than relying on assumptions about what has changed.

Buying or selling a home

Property is often the most valuable part of an estate, so changes here can have a significant impact.

Moving home, purchasing an additional property, or altering how a property is financed can all affect how your estate should be structured. The way in which a property is owned is equally important. For example, property held as joint tenants will usually pass automatically to the surviving owner, whereas property held as tenants in common will pass under the terms of your Will.

A Will that worked well before a move may not produce the same outcome afterwards, particularly in more complex family situations.

Having children or grandchildren

The arrival of children or grandchildren often changes priorities quite quickly.

A Will allows you to appoint guardians who would take responsibility if needed, and to set out how children should be provided for and how their inheritance is managed until they are old enough to take control of it themselves.

Without these provisions, decisions may fall to others or, in some cases, the courts, guided by legal frameworks that may not fully reflect your personal preferences.

If your family has grown since your Will was last reviewed, it is sensible to check that it still provides the outcome you would expect.

A change in financial circumstances

Financial situations tend to evolve over time, sometimes gradually and sometimes more significantly.

An inheritance, the sale of a business, increased savings, or changes in employment can all affect both the value and structure of your estate.

A Will that was appropriate when your affairs were relatively straightforward may not be suitable once they become more complex.

The key is ensuring that your Will reflects your current position, rather than a previous version of it.

A new relationship or blended family

Family structures are increasingly varied, and this can make planning more nuanced than it first appears.

Where there are stepchildren, children from previous relationships, or long-term partners who are not married, it becomes particularly important to ensure your intentions are clearly set out.

It is worth noting that, in England and Wales, unmarried partners do not automatically inherit under the rules of intestacy. This can lead to outcomes that differ significantly from what might be expected.

Careful planning helps ensure that the people you intend to benefit are properly provided for.

The death of someone named in your Will

Wills rely on the people named within them to operate effectively.

If an executor, guardian, or beneficiary has died, the arrangements you put in place may no longer work as intended. In some cases, this can lead to delays or complications during the administration of the estate.

These issues are often straightforward to address, but they are easily overlooked if a Will is not reviewed periodically.

How often should you review your Will?

Even where none of these events apply, it is sensible to review your Will every three to five years.

In many cases, the outcome of that review will simply be reassurance that everything remains appropriate. Where changes are needed, they are usually easier to deal with when identified at an early stage.

Minor updates can sometimes be made by way of a codicil, while more substantial changes may require a new Will.

Why keeping your Will up to date matters

A Will is sometimes seen as a formality, but in practice it plays a much more important role.

It provides clarity at a time when clarity is needed most. It helps reduce the risk of disputes or misunderstandings, and it ensures that your wishes are carried out in a way that reflects your intentions.

Keeping it up to date is not complicated, but it does require occasional attention.

If you are unsure whether your Will still works

If you are not certain that your Will reflects your current circumstances, it is worth having it reviewed.

At Claire Nash Solicitors, we regularly help clients review existing Wills and make any updates needed to ensure they remain effective.

In many cases, the process is simpler than people expect. The important step is starting the conversation so get in touch and let’s chat through your situation.