The Importance of Regularly Updating Your Will
Writing a will is one of the most important steps you can take to protect your loved ones. But creating it isn’t a one-time job.
When and How to Update Your Will: A Complete Guide
Please note: this guide applies to the rules for wills in England and Wales. Different rules apply in Scotland and Northern Ireland.
Writing a will is one of the most important steps you can take to protect your loved ones. But creating it isn’t a one-time job. Life changes, and when it does, your will should change too.
Failing to review and update your will can lead to confusion, disputes, or unintended outcomes. In this guide, we will explain why updating your will matters, when to do it, and how to make sure your estate reflects your current wishes.
Why updating your will matters
Your will is a legal document that directs how your assets should be distributed after your death. But if it is outdated, it may no longer reflect your circumstances or relationships. This can:
- Leave out new loved ones or beneficiaries
- Cause assets to go to the wrong people
- Lead to family disputes or legal challenges – see our guide to probate disputes
- Increase the risk of delays or contested probate
Keeping your will up to date protects your family and gives you peace of mind.
When should you update your will?
There is no fixed rule for how often to revise your will, but it is wise to review it at least every 2-3 years or after any significant life event.
| Life event | Why it matters |
|---|---|
| Marriage or divorce | Marriage automatically revokes an existing will; divorce treats your ex-spouse as deceased for inheritance purposes |
| New children or grandchildren | Wills do not automatically include future children – guardianship and provisions need adding manually |
| New relationships or estrangements | Changing relationships should be reflected in who benefits and who does not |
| Changes in financial situation | Significant wealth changes may require redistributing assets or updating beneficiaries |
| Death of a beneficiary or executor | A deceased person left in a will can create delays and complications during probate |
| Moving abroad or acquiring overseas assets | Different countries have different inheritance laws that may conflict with a UK will |
| Tax and legal changes | Inheritance tax rules evolve – a will written years ago may now be tax-inefficient |
1. Marriage or divorce
In England and Wales, getting married automatically revokes a will, unless it was made in contemplation of that marriage. Divorce does not revoke a will, but your ex-spouse is treated as if they have died for inheritance purposes.
Update your will after any change in marital status to make sure your assets go where you intend.
2. New children or grandchildren
Wills do not automatically include future children or grandchildren. If you want to ensure they are provided for, or appoint guardians for minors, you need to update your will accordingly.
3. New relationships or estrangements
If your relationships change, your will should too. This includes:
- Starting a long-term relationship, especially if unmarried
- Falling out with a named beneficiary
- Wanting to include stepchildren or remove someone
Don’t leave these decisions to chance or interpretation. For guidance on documenting informal wishes alongside your will, see our guide to letters of wishes.
4. Changes in financial situation
Significant increases or decreases in wealth – such as selling a property, inheriting money, or starting a business – should prompt a will review. You may want to redistribute assets or update who receives what.
5. Death of a beneficiary or executor
If someone named in your will dies, you will need to remove or replace them. This includes beneficiaries, executors, or guardians.
Leaving a deceased person in your will can create delays or complications during probate.
6. Moving abroad or acquiring overseas assets
Different countries have different inheritance laws. If you have moved abroad or purchased property outside the UK, get legal advice and update your will to reflect international assets correctly.
7. Tax and legal changes
Inheritance tax laws and estate planning regulations evolve. A will that made sense ten years ago may now be inefficient, or even problematic. A solicitor can help ensure your will takes current rules into account and minimises potential liabilities. See our inheritance tax guide for the latest thresholds and rules.
What happens if you don’t update your will?
Failing to update your will can have serious consequences. These include:
- Unintended beneficiaries: assets may go to people you no longer wish to benefit
- Missed opportunities: new children, partners, or causes may be excluded
- Executor issues: named executors may no longer be suitable or even alive
- Family conflict: ambiguity or surprises can lead to disputes and legal action – see our guide to probate disputes
- Inefficient estate distribution: your estate may face higher tax or avoidable delays
A will is only as good as the information in it. If it is outdated, it may not do what you want it to.
How to update your will
| Method | Best for | Key consideration |
|---|---|---|
| Codicil | Small, minor changes – such as updating a single beneficiary or executor | Must be signed and witnessed like the original will. Too many codicils can cause confusion |
| New will | Major changes – new beneficiaries, revised asset distribution, or a change in marital status | Always include a clause revoking previous wills, and destroy old copies once signed |
Small changes: use a codicil
A codicil is a separate legal document that amends part of your existing will, such as changing a beneficiary or executor. It must be signed and witnessed just like your original will.
This is a good option for minor updates, but too many codicils can cause confusion.
Major changes: write a new will
For more significant updates – new beneficiaries, revised asset distribution, or changes in marital status – it is better to write a new will. This ensures clarity and avoids conflicting instructions.
Always include a clause that revokes previous wills, and destroy old copies once the new one is signed.
Common misconceptions about updating wills
“I’ve already made one, why bother again?”
Because life doesn’t stay the same. A will is not a set-and-forget document. Regular reviews are part of responsible planning.
“My estate isn’t that big. I don’t need to update it.”
Even small estates benefit from clear, current instructions. It is not about size, it is about avoiding confusion.
“My family knows what I want.”
Wishes that are not written down have no legal standing. Without a valid, updated will, your estate could be distributed under intestacy rules.
Tips for keeping your will up to date
- Review every 2-3 years, even if nothing major has changed – small life shifts add up over time
- Store it safely, ideally with your solicitor or in a will registry, so it can always be located when needed
- Tell your executors where to find it – a will that cannot be located causes the same problems as one that does not exist
- Keep a list of assets, including digital ones – cryptocurrency, online accounts, and digital subscriptions are increasingly significant. See our guide to digital assets in wills
- Avoid DIY updates – always seek professional advice to ensure changes are legally valid and do not conflict with the rest of the will
How this links to probate and inheritance
An up-to-date will can significantly simplify the probate process. It gives your executors clear instructions, reduces legal complexity, and speeds up access to funds for your loved ones.
At Level, we often work with families where delays and disputes happen due to outdated wills. Probate is already a long process – don’t let an old will make it harder.
