When should I update my will?
If you’ve written a will, or you’re thinking about writing one, you might be wondering when it needs to be updated. After all, circumstances change, and it’s important that your will continues to reflect your wishes.
You should review your will every five years and after any major change in your life or circumstances. If needed, you can amend, update, or replace it.
Examples of major life changes include:
- A change in marital status, such as separation, divorce, or marriage. In England and Wales, marriage usually makes any previous will invalid.
- Having a child or grandchild.
- Changing address.
- A significant change in your financial situation.
- Someone named in your will passing away, including your executor.
Even if nothing major has changed, reviewing your will every five years helps make sure you are still happy with what happens to your assets and whether any updates are needed.
How do I make changes to my will?
If you’re only making small changes, you may be able to amend your existing will.
Once your will has been signed and witnessed, any alterations must be made formally using an official amendment called a codicil.
A codicil is a relatively simple document used to make changes to your will. There is no limit to what you can change using a codicil, but the more changes you make, the more complicated the probate process may become. If you are making several changes, or major ones, it may be better to write a new will instead.
When making changes by codicil, it must be signed and witnessed in the same way as a will. The witnesses do not need to be the same people who witnessed the original will. However, a witness, or their spouse or civil partner, must not benefit from a gift in the codicil, or that gift could become invalid.
Once the change has been made, it’s important to make sure anyone holding a copy of your will has the most up-to-date version. Ask them to destroy any older copies to avoid confusion.
How many times can I amend my will?
There is no limit to the number of times you can amend your will with a codicil. However, codicils are separate documents, so there is always a risk they could be lost or separated from the original will. For that reason, it is usually best to avoid having too many of them.
When is it necessary to write a new will?
You should write a new will if you need to make a lot of changes, or if the changes are significant. You should also write a new will if you get married, as in England and Wales your existing will usually becomes invalid.
If you write a new will, make it clear that this is the version you want to be used when you pass away. It should state at the beginning that it revokes all previous wills and codicils. You should also destroy all copies of your previous will.
If you decide to write a new will, we can put you in touch with local solicitors and will-writers.
What if I forget to review or update my will?
If you forget to update your will after a major life change, your loved ones may not be provided for in the way you intended. Even if you believe you are still happy with its contents, reviewing it regularly helps show that it continues to reflect your wishes.
If your will appears outdated, this could be used as grounds to contest your will. On the other hand, if there is a clear record that you reviewed your will recently and confirmed you were still happy with it, it becomes much harder to challenge.
It is also possible for beneficiaries to apply for a deed of variation after you have passed away. This allows changes to be made to an existing will for the benefit of someone not included, as long as all beneficiaries agree.
Try not to think of your will as something you complete once and then forget about. Keeping it up to date and reviewing it regularly will make things much easier for your loved ones and give you greater peace of mind.
Get help updating your will
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