A Will is one of the most important legal documents you’ll ever make, but it’s not something you should write once and tuck away forever. Life changes – sometimes quietly, sometimes dramatically – and your Will needs to keep up. In this article, the private client team at Simplicity Legal explains how often you should review it, what major life events might trigger changes, and how to ensure your current wishes are properly reflected in law.
How often should you update your Will?
A good rule of thumb is to review your Will every five years – or sooner if circumstances change. Many solicitors suggest revisiting it at least every few years to ensure your wishes are still accurate and everything remains legally binding.
Changes to your family, finances, or even the law can mean your existing one may not reflect your wishes anymore. For instance, you might have acquired a new property, sold a business, or welcomed a grandchild since you last signed it. Regular reviews help ensure your wishes are carried out smoothly when the time comes.
At Simplicity Legal, our private client team often finds that clients are relieved once they’ve reviewed their Will – a small update today can prevent a great deal of confusion later.
What major life events should prompt an update?
Any significant life event is a good time to revisit your Will. Getting married, entering a civil partnership, having children or grandchildren, or separating from a partner are all triggers that may need attention.
In many cases, people don’t realise that getting married or forming a civil partnership can invalidate an existing Will unless it was made in contemplation of marriage. Similarly, if you split from a spouse or civil partner, your Will may no longer reflect your wishes – especially if that person is still listed as a beneficiary or executor.
If you experience changes to your family or your financial situation, it’s important to ensure your Will continues to reflect your current circumstances and that your wishes are followed precisely.
Getting married or starting a civil partnership
Marriage often changes everything – including your Will. Under Scots law and the law in England and Wales, a Will made before marriage is automatically revoked unless you made it in contemplation of that specific marriage or civil partnership. That means, if you don’t have one after getting married, your estate might be distributed according to the rules of intestacyinstead of your personal wishes.
If you’ve recently tied the knot, it’s important to update your Will as soon as possible so you can decide who should inherit your assets, appoint an executor, and ensure your wishes are carried through.
Children or grandchildren – when your family grows
Welcoming children or grandchildren is another clear reason to update your Will. You may want to appoint guardians for minor children under the age of 18, or update how your estate will be shared among the generations.
This could include creating a trust for your children from a previous relationship, or ensuring a new grandchild is included as one of the beneficiaries. Life moves quickly – a Will that once fitted your situation perfectly may no longer do so a few years down the line.
Our private client solicitors at Simplicity Legal can guide you through these updates to make sure everything is clear, fair, and properly documented.
What if your relationship changes?
If you have separated, divorced, or your ex-spouse has remarried, it’s time to take another look at your Will. Unless formally revoked, your ex-spouse could remain named as a beneficiary, executor or trustee, which may not be what you now intend.
Updating your Will helps avoid any confusion and ensures your wishes are followed. It’s often easier to revoke and make a new document than to adjust small pieces of an outdated one. That way, your new Will can reflect your wishes clearly and unambiguously.
Making changes through a codicil – and when not to
A codicil is an official alteration called a codicil that allows you to make small updates – such as changing an executor or adjusting a gift – without writing a whole new Will.
It needs to be dated, signed and witnessed in the same way as your original document to remain legally binding. But if you’re making significant revisions, such as changing who should administer your estate or adding new beneficiaries, it’s usually better to make a new Will entirely.
At Simplicity Legal, we can advise whether you might want to consider using a codicil or if a full rewrite would be more straightforward. The right approach depends on the scale of change and your personal circumstances.
When your financial situation changes
Major changes to the value of your estate can also mean it’s time to review your Will. You might have inherited property, sold a business, or started creating a trust. These can all affect how your assets are taxed – and how your loved ones benefit.
In particular, inheritance tax thresholds and reliefs such as business property relief may change over time. A solicitor can help ensure your planning stays efficient and compliant with the current law in Scotland, as well as elsewhere in the UK.
It’s important to ensure your Will reflects your current wishes and that nothing has been overlooked. The value of your estate today may be quite different from what it was five or ten years ago.
What if someone named in your Will passes away?
If an executor or beneficiary has died since you last made your Will, you’ll need to review it. Otherwise, it may no longer operate the way you intend. This situation often causes unexpected problems during probate, trusts and probate administration.
You may need to appoint someone new or decide who should inherit if that person has sadly passed away. Making these updates prevents uncertainty and ensures your wishes are reflected, even if others’ circumstances may have changed.
How to make sure your new Will is valid
If you decide to make a new Will, it must be signed and witnessed correctly to be valid. Always remember to destroy your old version once your new one is executed; older previous Wills and codicils could create doubt about which document applies.
Once signed, this new Will revokes earlier versions – that’s what legally ensures your current wishes take precedence. Without a valid Will, however, everything is distributed according to the rules of intestacy, which may not reflect your wishes.
It’s a good practice to review your Will at least every five years to ensure nothing has slipped out of date.
The 8 reasons to update your Will
It might help to think of the most common 8 reasons to update your Will:
- You’ve married or entered a civil partnership
- You’ve separated or divorced
- You’ve had children or grandchildren
- Someone named in your Will has died
- Your financial or property situation has changed
- You’ve moved between England, Wales and Scotland
- There have been changes to the law
- You’ve simply reached the point where you need to update an existing one to reflect your current life
Each of these represents a major life event – and each can change how your estate is managed in the event of your death.
Getting support from Simplicity Legal
Updating a Will doesn’t need to be daunting. At Simplicity Legal, our friendly team makes the process straightforward, ensuring your document is comprehensive yet easy to understand. If you’re not sure whether you need a codicil or a full rewrite, our private client team can help you decide what works best for your situation.
It’s often easier to fix things before any issues arise than to leave them for others to sort out later. If you’d like advice or reassurance, please get in touch with a solicitor at Simplicity Legal – we’re here to help you ensure your wishes are carried out smoothly and confidently.
Key things to remember
- Review your Will every five years or whenever a major life event occurs.
- Update your Will as soon as possible after marriage, separation, or the birth of a child.
- A codicil is useful for small changes; bigger updates need a fresh document.
- Always have your Will signed and witnessed in the same way as required by law.
- Without a valid Will, your estate may be distributed according to intestacy rules – which may not reflect your wishes.
- If in doubt, get in touch with the private client team at Simplicity Legal.
