How to update your will after major life changes

Your will is a key part of your estate planning, but it’s not something you can write once and forget about. As life changes, so should your will. Major events like marriage, divorce, the birth of a child, or even a significant change in your financial situation are all reasons to review and update your will to reflect your current wishes.

In this article, we’ll guide you through when and how to update your will after major life changes to ensure your loved ones and assets are properly protected.

When to update your will

Here are some of the most common life changes that should prompt a review of your will.

1. Marriage or civil partnership

In many countries, including the UK, getting married or entering into a civil partnership automatically revokes any previous will you’ve made, unless it specifically states that it was written in contemplation of the marriage. If you don’t update your will after marriage, intestacy laws will determine how your estate is divided, which may not reflect your wishes.

What to do: Create a new will after getting married to ensure your spouse or civil partner is properly included, and any specific bequests or arrangements are reflected.

2. Divorce or separation

Divorce does not automatically revoke your will, but any mention of your former spouse may be voided. This means your ex-spouse will not inherit your assets, but the rest of your will remains valid. If your will includes significant bequests to your ex-spouse, you’ll want to update it to avoid complications.

What to do: After a divorce or separation, update your will to remove or adjust any references to your ex-partner and reallocate assets to reflect your new circumstances.

3. Birth or adoption of children

The arrival of a new child is a significant reason to update your will. You’ll want to make sure they’re included as beneficiaries and that a guardian is appointed if they’re under 18. Without updating your will, your children could be left out, or the courts may appoint a guardian you wouldn’t have chosen.

What to do: Add any new children to your will, along with provisions for their care and financial support. Name a guardian for minor children, and consider setting up a trust to manage their inheritance until they’re old enough.

4. Death of a beneficiary or executor

If someone named in your will—either as a beneficiary or an executor—passes away, you’ll need to update your will to reflect this. Failing to do so could cause legal issues or delays in settling your estate.

What to do: Remove the deceased beneficiary or executor and replace them with someone else. If you’ve named alternate beneficiaries or executors, make sure their roles are clearly defined.

5. Significant financial changes

If your financial situation changes dramatically—whether through inheritance, a windfall, or major purchases like property or investments—you may need to update your will to reflect your new assets. On the flip side, if your financial situation worsens, you may need to revise your will to ensure it still aligns with your current estate value.

What to do: Review your will after any major financial changes to ensure your assets are distributed according to your updated wishes. Be sure to include new assets and adjust the share of inheritance if necessary.

6. Changes in tax laws

Changes in inheritance tax laws can affect how your estate is taxed and how much your beneficiaries receive. Keeping your will up to date with the latest tax rules can help minimise the tax burden on your estate and ensure your loved ones get the most out of your bequests.

What to do: Consult with a solicitor or tax advisor to understand how changes in tax laws affect your estate, and make any necessary updates to your will to maximise tax efficiency.

How to update your will

Once you’ve identified the need for an update, there are two main ways to make changes to your will: adding a codicil or writing a new will.

Adding a codicil

A codicil is a legal document that makes minor amendments to your existing will. It’s often used when you need to make small updates, like changing an executor or adding a new beneficiary. A codicil must be signed and witnessed in the same way as your original will to be legally valid.

When to use it: If you’re making simple changes and your overall will remains the same, a codicil is a cost-effective and straightforward way to update your will.

Writing a new will

If you’re making significant changes to your will, or if you’re updating it after a major life event, it’s often easier to write a completely new will. This ensures that your will is clear, up to date, and reflects your current wishes without any confusion from multiple documents.

When to use it: If you’ve had a major life event (such as marriage, divorce, or a change in financial circumstances), writing a new will is usually the best option. Be sure to include a statement that revokes all previous wills to avoid any legal conflicts.

Tips for updating your will

Review your will regularly

Even if you haven’t experienced a major life change, it’s a good idea to review your will every few years. This allows you to make small adjustments and ensures that your will still reflects your current situation.

Discuss with your beneficiaries

If you’re making significant changes to your will, consider discussing these changes with your beneficiaries. While it’s not legally required, open communication can prevent misunderstandings and reduce the risk of disputes after your death.

Work with a solicitor

Updating your will might seem straightforward, but mistakes can cause your will to be invalidated. Working with a solicitor ensures that your changes are legally binding and that all documents are correctly witnessed and signed.

Final thoughts

Updating your will after major life changes is essential to ensure your wishes are respected and your loved ones are protected. Whether you’re adjusting your will due to marriage, divorce, the birth of a child, or financial changes, taking the time to review and revise your will can prevent future complications.