It’s entirely normal for your personal circumstances and priorities to change over time. A will created a decade ago – or even just a few years ago – may no longer accurately reflect your current family structure, financial goals, or life situation.
As these priorities evolve, it’s important to ensure your estate plan remains up to date too. Updating your will when your wishes change is a key part of that.
Keep reading to discover why you may need to update your will, as well as how to go about it.
Several key events could mean your existing will no longer reflects your wishes
There are many reasons why you may need to update your estate plan, and common life events could include:
- Major life milestones – Marriage or civil partnership, divorce, or the birth of children or grandchildren.
- Financial changes – Buying a new home, receiving an inheritance, selling major assets, or starting a business.
- Changing relationships – A named executor, trustee, or guardian may have passed away, moved abroad, or become unable to act. Alternatively, you may wish to adjust how your estate is split among your beneficiaries or include a charitable legacy.
Note: Marriage or civil partnership immediately revokes an existing will under English, Welsh, and Northern Irish law, unless made in specific contemplation of that marriage or civil partnership.
Ultimately, whatever the reason for the change, ensuring your documentation remains up to date can give you peace of mind that your assets and estate are handled appropriately and with care after your death.
You can update your estate plan in one of two ways
There are two primary legal methods for updating your will: adding a codicil or rewriting your will completely.
A codicil is a formal legal document that acts as an amendment or supplement to your existing will. It allows you to make minor changes, revocations, or alterations without the need to redo your entire document.
- When to use a codicil: These are best suited for minor or straightforward adjustments, such as changing an executor, updating an address, or altering a specific cash gift to a beneficiary.
- When to rewrite your will: This is better suited for major life events, such as marriage, divorce, significant shifts in how you wish to distribute your assets, or complex changes to trust structures. Attempting to make multiple changes using codicils can cause confusion, ambiguity, and even legal challenges later.
The best option you will depend entirely on your personal circumstances, but consider the above points as guidelines.
Following clear, practical steps ensures that your changes remain legally valid
Option 1: Adding a codicil for minor changes
1. Draft the document clearly: The codicil must explicitly refer to your original will, including its date, and clearly state which clauses you have modified, added, or removed.
2. Select your witnesses: Witnesses must not be named beneficiaries in the original will or the codicil, nor can they be married to one.
3. Execute it correctly: A codicil must be signed and witnessed by two independent witnesses, who must also sign in your presence. This is exactly the same as when you wrote the original will.
4. Store it safely: Keep the codicil stored securely alongside your original will so that your executors can present both documents together during the probate process.
Option 2: Writing a new will for major changes
1. Outline your new wishes: List your current assets, beneficiaries, guardians, and chosen executors.
2. Include a revocation clause: Your new will must contain a standard clause explicitly stating that it revokes all former wills and codicils.
3. Sign and witness: Like any legal will, signing must occur in the presence of two independent witnesses who will also sign the document alongside you.
4. Destroy the old document: To prevent confusion or potential disputes down the line, safely destroy your previous will and any associated codicils once you have executed a new, valid will.
Following these steps helps ensure that your wishes are legally sound and easy for your executors to interpret and execute.
Regular reviews ensure your supporting documents match your current priorities
Reviewing your will every three to five years, or whenever a major life event occurs, is a fundamental part of good financial housekeeping.
Planning ahead means that your estate plan accurately reflects your intentions, minimises potential tax issues, and protects the people and causes that matter most to you.
This is something we can help with.
Get in touch with us today to learn more.
Please note: This article is for general information only and does not constitute advice. The information is aimed at individuals only.
All information is correct at the time of writing and is subject to change in the future.
The Financial Conduct Authority does not regulate estate planning or will writing.
