Wills & Family
Who should I choose as executor if I don’t trust my family?
Not everyone has a relative they would trust to handle their estate. Here is how to think about other options, from friends to professional executors.
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.
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 As life changes, it can quickly fall out of date. An out-of-date Will can leave gifts to the wrong people, name executors who can no longer act, or miss out new family members.
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.
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 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.
You may want to include new children or grandchildren, or appoint guardians for children under 18.
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.
If an executor dies or becomes unable to act, it is wise to name someone new.
Starting a business, receiving an inheritance or a big change in your savings may affect your plans, including any Inheritance Tax position.
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:
Our article on signing and witnessing a Will explains the formal steps.
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.
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.
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.
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.
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.
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.
No. Handwritten changes after signing may not be valid. Use a properly witnessed codicil or make a new 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.
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.
Wills & Family
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Wills & Family
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