Understanding Wills

When should I update my Will?

Short answer

GOV.UK suggests reviewing your Will every five years and after any major life change, such as marriage, divorce, children or moving house. Marriage cancels an earlier Will in England and Wales, so a new Will is usually needed.

Last reviewed · By the WillHarbour editorial team · 4 min read

A Will reflects your wishes at the time you sign it. As life changes, it can quickly fall out of date. An out-of-date Will can leave gifts to the wrong people, name executors who can no longer act, or miss out new family members.

How often should I review my Will?

GOV.UK suggests reviewing your Will every five years and after any major change in your life. A review does not always mean changing it. Sometimes you will read it through and find it still works.

Life events that often mean a review

Getting married or forming a civil partnership

In England and Wales, getting married or forming a civil partnership cancels any Will you made before. There is an exception if the Will was clearly made in expectation of that particular marriage. If you marry and do not make a new Will, your estate may pass under the intestacy rules.

Separation and divorce

Separation does not change your Will. If you separate but are still married, your spouse could still inherit under it.

After a divorce or dissolution is finalised, the law treats your former spouse or civil partner as if they had died on that date for the purposes of your Will. This means they usually lose any gift and cannot act as executor, unless your Will says otherwise. The rest of the Will still stands, which may leave gaps.

Having children or grandchildren

You may want to include new children or grandchildren, or appoint guardians for children under 18.

Moving house or buying property

If your Will leaves a specific property, and you sell it, that gift may fail. Buying a home with a partner can also raise questions about how it is owned. Our guide on property ownership and inheritance explains joint tenants and tenants in common.

An executor or beneficiary dies or falls out of touch

If an executor dies or becomes unable to act, it is wise to name someone new.

Changes in your finances

Starting a business, receiving an inheritance or a big change in your savings may affect your plans, including any Inheritance Tax position.

How do I change my Will?

You cannot simply cross things out or write on your Will after it has been signed and witnessed. Changes made that way may not be valid, and could cause confusion.

There are two proper ways to make changes:

  1. A codicil. This is a separate document that makes a small change, such as replacing an executor. It must be signed and witnessed in the same way as a Will.
  2. A new Will. For bigger changes, a new Will is usually clearer. A new Will normally starts by cancelling all earlier Wills and codicils.

Our article on signing and witnessing a Will explains the formal steps.

A practical example

Ellie made a Will ten years ago leaving everything to her brother. Since then she has married and had a child. Her marriage cancelled the old Will. If she dies without making a new one, the intestacy rules will apply, and her brother would receive nothing. A new Will would let Ellie decide how to provide for her husband and child, and name a guardian.

A quick review checklist

  • Are the people you want to benefit still named?
  • Are your executors still willing and able to act?
  • Have you named guardians for any children under 18?
  • Have you sold or bought anything mentioned in the Will?
  • Have you married, divorced or separated since you signed it?
  • Do your family know where the original Will is kept?

It can also be a good moment to look at your wider plans. Our page on reviewing your arrangements after life changes covers powers of attorney, pensions and more.

Scotland and Northern Ireland

The rules on how marriage and divorce affect a Will are different in Scotland. If you live there, see mygov.scot. Northern Ireland guidance is on nidirect.

When to get professional help

A professional can help if you are marrying or divorcing, have a blended family, own property abroad, or are unsure whether a codicil or a new Will is better. It is also sensible to get help if you are worried that someone you care about may lose capacity, as different rules then apply.

Next steps

You can read more on our Wills page, or answer a few short questions in our wills questionnaire and we will aim to introduce you to up to three appropriately qualified firms.

WillHarbour is an independent introduction service, not a law firm, and we do not give legal, tax or financial advice. With your permission, we share your enquiry with up to three suitable firms, such as solicitors or will-writing companies. It is free to use and there is no obligation. The firms pay us a fee for each introduction, and they must tell you about this, and their own fees, before you instruct them.

Frequently asked questions

Does getting married cancel my Will?

In England and Wales, yes, in most cases. Marriage or civil partnership revokes an earlier Will unless it was made in expectation of that marriage.

Can I just write changes on my Will?

No. Handwritten changes after signing may not be valid. Use a properly witnessed codicil or make a new Will.

Does divorce cancel my Will?

Not completely. After a divorce, your former spouse is treated as if they had died, so they usually lose gifts and roles under the Will, but the rest of the Will remains.

Official sources

This guide is general information about the law in England and Wales at the time it was last reviewed. It isn’t legal, tax or financial advice. For advice on your own situation, speak to a qualified professional.

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