Wills & Estate Planning Guide
How to Update a Will
When should you update your will — and how? Marriage, divorce, new children, property changes and more.
When Should You Update Your Will?
A will is not a document you make once and forget. Life changes — and your will should reflect those changes. Here are the most common triggers for a will review.
Action requiredGetting married or entering a civil partnership
Marriage automatically revokes a previous will in England and Wales — unless the will was made in contemplation of that specific marriage. If you marry without making a new will, you die intestate. This is one of the most common and costly oversights we see.
Action requiredDivorce or separation
Divorce does not revoke a will, but it does remove your ex-spouse as a beneficiary and executor — as if they had died on the date of the decree absolute. However, your will may still leave assets to their family members, or create gaps you did not intend. Review your will as soon as separation begins.
Having children or grandchildren
If you have children after making your will, they may not be provided for — particularly if your will leaves everything to specific named beneficiaries. You should also review your choice of guardian for minor children.
Buying or selling property
If you buy or sell a property after making your will, the specific gift of that property in your will may fail (a principle called "ademption"). Review your will whenever your property situation changes significantly.
Death of a beneficiary or executor
If a beneficiary or executor named in your will dies before you, the gift to them may lapse and fall into residue — or cause the will to fail entirely if there is no residuary clause. You should appoint substitute beneficiaries and executors.
Significant change in assets
A significant inheritance, sale of a business, or other major change in your financial position may affect your inheritance tax planning and the way your estate should be structured.
Change in family circumstances
Estrangement from a family member, a new relationship, a child's financial difficulties, or a beneficiary developing a disability — all of these may require you to reconsider your will.
Change in the law
Inheritance tax thresholds, trust law and pension rules change over time. A will that was tax-efficient when made may no longer be optimal. We recommend reviewing your will every three to five years.
Codicil or New Will?
There are two ways to change a will: a codicil (a formal amendment to the existing will) or making a new will entirely.
Codicil — suitable for minor changes
- Changing an executor
- Updating a specific gift
- Adding or removing a beneficiary for a specific item
- Minor wording corrections
New will — recommended for significant changes
- Marriage or civil partnership
- Divorce or separation
- Significant change in assets
- New children or stepchildren
- Complex family changes
- Inheritance tax planning review
When in doubt, making a new will is usually the safer option. A new will revokes all previous wills and codicils, creating a clean, unambiguous document. Our Chester wills solicitors can advise on the right approach for your circumstances.
Frequently Asked Questions
Does marriage revoke a will in England and Wales?
Yes. Marriage (and entering a civil partnership) automatically revokes a previous will in England and Wales, unless the will was made in contemplation of that specific marriage. If you marry without making a new will, you die intestate — and the intestacy rules, not your wishes, determine who inherits.
Does divorce revoke a will?
No — divorce does not revoke a will. However, it does remove your ex-spouse as a beneficiary and executor, treating them as if they had died on the date of the decree absolute. This can create unintended gaps in your will. You should make a new will as soon as possible after separation.
What is a codicil and when should I use one?
A codicil is a formal amendment to an existing will. It must be signed and witnessed in the same way as a will. Codicils are suitable for minor changes — such as updating an executor or changing a specific gift. For more significant changes, it is usually better to make a new will entirely, to avoid confusion between the original will and the codicil.
How often should I review my will?
We recommend reviewing your will every three to five years, and immediately after any major life event — marriage, divorce, birth of a child, significant change in assets, or death of a beneficiary or executor.
Can I change my will without a solicitor?
You can make a codicil yourself, but it must be signed and witnessed correctly to be valid. Errors in execution are common and can invalidate the codicil or create ambiguity. We strongly recommend using a solicitor — the cost of getting it wrong far outweighs the cost of professional advice.
Can I add a beneficiary to my will without making a new will?
Yes — you can add a beneficiary using a codicil, provided the change is straightforward. However, if the addition is significant (for example, adding a new child or substantially changing the distribution of your estate), it is usually better to make a new will. A codicil must be signed and witnessed in the same way as a will to be valid.
What happens if I write on my will after signing it?
Any alterations made to a will after it has been signed and witnessed are presumed to have been made after execution and are therefore invalid — unless they are separately signed and witnessed in the same way as the original will. Writing on a will can also cast doubt on the validity of the original document. Never write on a signed will — use a codicil or make a new will instead.
Can I change my will if I have lost mental capacity?
If you have lost mental capacity, you cannot make or change a will yourself. However, the Court of Protection can make a statutory will on your behalf if it is in your best interests. This is a formal court process and requires medical evidence of incapacity. It is one of the most important reasons to make a will while you still have capacity.
Does having a new child automatically update my will?
No. Having a new child does not automatically update your will. If your will leaves your estate to specific named beneficiaries and does not include a provision for after-born children, a new child may not be provided for. You should review and update your will as soon as possible after the birth of a child.
How do I update my will to remove someone?
To remove a beneficiary or executor from your will, you can either make a new will (which revokes the old one) or execute a codicil that specifically removes the relevant provision. You cannot simply cross out a name on the existing will — this will not be legally effective and may cast doubt on the validity of the whole document. We recommend making a new will rather than a codicil for significant changes.
Related Wills & Estate Planning Services
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All WTE services at PDA Law.
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