Five Life Events That Should Prompt You to Update Your Will

Life rarely changes in only one place. A wedding changes a relationship and often changes finances. A new child changes responsibilities. A move can change property ownership, borrowing and the shape of an estate. Yet the will made before those events may remain untouched in a drawer.

A will is a snapshot of your wishes, the people you trust and the assets you own at the time it is signed. If that snapshot no longer matches your life, the document may not work in the way you expect.

The practical answer is simple: review your will after a major life event and at least every five years, even if nothing obvious has changed. GOV.UK specifically identifies marriage, separation or divorce, having a child, moving house and the death of an executor as reasons to review a will.

A review does not always mean starting again. Sometimes a properly executed codicil may deal with a limited change. For a major change, a new will is usually clearer. What matters is that the update is legally valid and fits your current circumstances.

1. You marry or enter a civil partnership

In England and Wales, marriage will generally revoke a will made beforehand. Entering a civil partnership can have the same effect. A carefully drafted will made in contemplation of a specific marriage or civil partnership may be an exception, but that exception should not be assumed.

This is one of the most important reasons to review a will before the ceremony or promptly afterwards. If an earlier will has been revoked and no valid replacement is made, the estate may pass under the intestacy rules. That result may be different from the plan the person believed was already in place.

A new marriage or civil partnership may also require a wider review of executors, gifts, property ownership, trusts, pensions, life policies and arrangements for children from earlier relationships.

Practical questions to ask

• Was the current will made before the marriage or civil partnership?
• Was it expressly drafted in contemplation of this specific marriage or civil partnership?
• Does it protect a spouse or civil partner while preserving intended gifts for children or other family members?
• Do jointly owned property, pensions and policy nominations support the same overall plan?

2. You separate, divorce or dissolve a civil partnership

Separation and divorce are not the same legal event. Separation alone does not usually remove a spouse or civil partner from a will. Until the legal relationship ends, an estranged spouse or civil partner may still benefit or remain appointed in an important role, depending on the document.

A final divorce or dissolution does not cancel the whole will. Instead, subject to the wording of the will, the former spouse or civil partner is generally treated as having died for the purposes of gifts and certain appointments under the will, unless the will shows a contrary intention. What happens to the affected gift or appointment then depends on the rest of the will.

That legal treatment can create gaps. A substitute beneficiary may inherit. A gift may fall into the residue. An executor appointment may no longer work. The outcome depends on the whole document, not one clause viewed in isolation.

Review the will when separation begins and review it again when the divorce or dissolution becomes final. A financial order, property arrangements, pension decisions and any obligations to children or dependants should be considered alongside the will.

Practical questions to ask

• Does an estranged spouse or civil partner still benefit before the divorce or dissolution is final?
• Who receives a gift if the former spouse or civil partner is treated as having died first?
• Is there a suitable replacement executor or trustee?
• Do the will, financial settlement, property ownership and pension nominations still work together?

3. You have or adopt a child, or your family responsibilities change

Having or adopting a child does not automatically rewrite a will. A document made years earlier may not name the child, provide for future children, address guardianship wishes or create an appropriate structure for an inheritance received while a child is young.

The wording of an existing gift to children may include later-born children, but this should be checked rather than assumed. Stepchildren are not automatically treated in the same way as biological or legally adopted children, so any intention to benefit them should be expressed clearly.

A review is also sensible when a child becomes an adult, a dependant develops additional needs, a new grandchild arrives or family care arrangements change. The aim is not only to decide who inherits. It is also to choose appropriate executors and trustees, consider guardianship wishes and decide how and when younger beneficiaries should receive assets.

Practical questions to ask

• Does the will clearly cover all intended children, stepchildren and other dependants?
• Are guardianship wishes still appropriate?
• Who should manage an inheritance for a young or vulnerable beneficiary?
• Are the chosen executors and trustees still suitable and willing to act?

4. You move home, buy or sell property, or your finances change significantly

Moving house does not automatically invalidate a will. The reason to review it is practical: a move often changes the assets, ownership arrangements and liabilities that sit behind the document.

A gift of a specifically described property may no longer work if that property has been sold. A newly purchased home may be owned jointly, and the form of joint ownership can affect what passes under the will. A larger mortgage, an inheritance, a business interest, overseas assets or valuable digital assets may also change the size and complexity of the estate.

The same principle applies when finances change substantially in either direction. Gifts that once looked proportionate may become too large, too small or impossible to satisfy. Tax and liquidity may need fresh consideration. A will review should therefore look at the legal ownership of assets, not merely update the address printed on the document.

Practical questions to ask

• Does the will refer to a property that has been sold or replaced?
• How is the current home owned and what will happen to it on death?
• Have significant assets, debts, business interests or overseas holdings been acquired or disposed of?
• Do specific gifts and the residue still reflect the intended balance between beneficiaries?

5. An executor, trustee or guardian dies or can no longer act – or a beneficiary’s circumstances change

A will relies on people as well as words. Executors administer the estate. Trustees may manage assets for children or other beneficiaries. Guardians may be named for minor children. If a person chosen for one of those roles dies, loses capacity, becomes unwilling to act or is no longer trusted, the document should be reviewed.

The death of a beneficiary also matters. A well-drafted will may name a substitute beneficiary or state what happens to that gift. Without clear wording, the gift may fail or pass somewhere the person did not expect. The legal result can depend on the beneficiary’s relationship to the person making the will and the precise terms used.

Changes do not have to follow a death. A serious falling-out, relocation abroad, illness, age, competing responsibilities or a change in professional circumstances may make an appointment impractical. It is usually sensible to name at least one suitable replacement and to make sure the people chosen understand the role.

Practical questions to ask

• Are all executors, trustees and guardians alive, capable, willing and suitable?
• Is there a replacement if the first choice cannot act?
• What happens if a named beneficiary dies before the person who made the will?
• Do the people appointed have the practical information they will need?

How to update a will properly

Do not write changes on the signed original, cross out clauses or attach an informal note. GOV.UK states that a signed and witnessed will cannot simply be amended by handwriting on the document.

A limited amendment may be made through a codicil. A codicil must be signed and witnessed with the same legal formalities as a will. For major changes, several small amendments or a document that has become difficult to follow, a new will is usually the clearer route.

A practical will review should include the following steps.

• Read the entire current will, including substitute gifts and residue clauses.
• List current family members, dependants, executors, trustees, guardians and beneficiaries.
• Review property, savings, investments, pensions, policies, businesses, overseas assets and digital assets.
• Check how jointly owned assets, pensions, life policies, and other assets with nomination or scheme arrangements are intended to pass alongside the will.
• Decide whether a codicil or a new will is legally and practically appropriate.
• Sign and witness any new document correctly.
• Store the original safely and make sure executors know where it can be found.

How often should you review your will?

GOV.UK recommends reviewing a will every five years and after any major change in life. A regular review is useful even when family circumstances appear stable because assets, addresses, relationships, tax rules and the suitability of appointed people can change gradually.

A review is also sensible after a change in the law or after acquiring assets that need special planning, such as a business, overseas property or cryptocurrency. The question is not simply whether the will is still technically valid. It is whether the will still produces the result intended.

Frequently asked questions

Does marriage revoke a will in England and Wales?

Generally, yes. Marriage usually revokes an earlier will unless the will was validly made in contemplation of that specific marriage. Entering a civil partnership can have a similar effect.

Does divorce revoke a will?

No. A final divorce does not cancel the whole will. The former spouse is generally treated as having died before the person who made the will for gifts and appointments under it, subject to any contrary intention in the document.

Do I need to update my will after having a child?

A review is strongly advisable. Having a child does not automatically update the document. Check gifts, guardianship wishes, trustees and the age at which a young beneficiary should receive an inheritance.

Does moving house invalidate a will?

No. A move does not normally invalidate a will, but buying or selling property can change what the estate owns and how the will works. Specific property gifts and joint ownership should be reviewed.

Can I write a change on my existing will?

Do not make informal handwritten amendments to the signed original. Changes need to comply with the legal formalities for alterations, typically through a properly executed codicil or a new will.

Should I use a codicil or make a new will?

A codicil may suit a limited, straightforward change. A new will is usually clearer for major changes, several amendments or a document that no longer reflects the overall plan. Legal advice can help avoid inconsistency.

A will should move with your life

Updating a will is not about expecting the worst. It is about making sure the people you care about are guided by a document that still reflects your family, assets and intentions.

If you have married, separated, divorced, welcomed a child, moved home or experienced a change involving an executor or beneficiary, a focused review can identify what still works and what needs to change.

For advice about making or updating a will in England and Wales, contact Lawher & Co. Solicitors through info@lawher.co.uk or call 01727 222290.

This article is for general information only and does not constitute legal advice. The law may change, and the application of the law depends on individual circumstances.