Updating a pre-existing Will

If you already have a Will, are you confident it is up to date and still reflects your wishes? It is important to regularly review your Will as changes in your circumstances can have a significant impact on, or even invalidate your Will.

When should I update?

It is tempting to view Will writing as a onetime only event; to tuck your Will away in a drawer and not think about it again. Unfortunately, life doesn’t stand still, and an out-of-date Will can be as risky as no Will at all.

Review every few years

WSL recommends reviewing your Will every 3-5 years and to consider the following when doing so:

Do you still speak with your appointed Executors? Are they in good health or still capable of handling your affairs?
Are your children still minors and if they are, are you still happy with your choice of guardian and trustees?
Is your choice of beneficiaries still the same? Have any already passed away? Have you made provision for what happens to their inheritance should they pre-decease you?
Have your wishes changed with respect to how your estate is distributed? Do you still want your estate split into the amounts you have specified?
Would you like to include any new charities in your Will?
Is there anyone you wish to now exclude from your Will?

If you answer yes to any of these questions, you should consider updating your Will.

After major life events

It is also important to review your Will after any major life event such as;

Change of marital status

If you get married, or enter into a Civil Partnership, your previous Will is automatically revoked. Therefore, you must write a new one to avoid dying intestate (without a Will). If you have recently divorced or separated, you should now review your Will to check it still reflects your wishes

New children

If you have had additional children since your previous Will was written, it is best practice for them to be named individually in your Will. It is also important that you are happy with your choice of guardian and trustees.

Children from a previous relationship

If you, or your spouse or civil partner, have children from a previous relationship, updating your Will is vital to avoid unintentional sideways disinheritance – the scenario in which your children do not inherit directly from you.

Grown up children

If your children have now reached adulthood, it is worth considering whether they would now be a more appropriate choice as the Executors of your Will. This is especially relevant if your current Executors are elderly parents or siblings.

Bereavement

If someone named as an Executor or beneficiary in your Will has died, you may need to update your Will.

Protect against third party claims

If you have not already done so, you may wish to explore your options for ensuring that your children’s inheritance is not swallowed up by potential third party claims such as bankruptcy or care home fees

If your Will is damaged or in poor condition

If after so many years, your Will is becomes damaged and is then presented to the Probate Registry in very poor condition, it could fail the validity checks. A failed Will is the same as not making a Will at all, so to avoid dying intestate (without a Will), you should consider updating.

If your Will is mislaid or lost

Wills can easily go missing due to house moves, bouts of decluttering or being purposefully removed by disgruntled members of the family. The Probate Registry so not accept copy Wills, so if you can’t find your Will it is vital you consider making a new one to again avoid dying intestate.

Change of wishes

Family dynamics and friendships change over time, and it is important to check that your current Will still reflects how you would want your estate to be distributed amongst the people close to you.

Update your Will in three simple steps

Get Started Today

1. Get in touch

Speak to our team today by either requesting a call back or calling them direct on 020 8380 0333. They will explain more about the service and help arrange a suitable time for your appointment. Appointments are available daytimes or evening, including weekends.

2. Speak with a specialist

During your home visit or video call appointment, your consultant will explain everything to you in plain English and take your instructions. They might discuss further estate planning services such as Trusts, Lasting Powers of Attorney, and probate support, if appropriate.

3. Documents posted back

Your instructions are then drafted by our legal department and your Will sent back to you for approval. We’ll also provide clear guidelines on signing and witnessing.

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Frequently Asked Questions

Why should I update my Will?wsiukaccess2025-03-24T12:06:41+00:00

Why should I update my Will?

Changes in your circumstances can have a significant impact on, or even invalidate, your Will. It is important to keep your Will up to date, so it reflects new wishes and remains valid.

When should I update my Will?wsiukaccess2025-03-24T12:06:31+00:00

When should I update my Will?

You can change your Will at any time, assuming you have the capacity to do so. WSL recommends that you review your Will every five years or after any major life event such as;

birth
death
marriage or registered civil partnership
divorce, separation, or dissolution of a registered civil partnership
buying new property

What factors outside my control might warrant an update?wsiukaccess2025-03-24T12:06:56+00:00

What factors outside my control might warrant an update?

Many factors outside of your control may give reason to update your Will, for example;

the rapid growth of house prices over recent years
unstable marriage or partnership
grandchildren added as named beneficiaries
changing the age at which children/grandchildren inherit the estate, because they are deemed unable to cope at 18
changing appointed guardians
need to assure housing for an adult child who has not left home or has unexpectedly returned
about to go on holiday, especially long haul and/or imminent surgery/illness.
Protecting vulnerable beneficiaries by adding a Will Trust

What if my main beneficiary dies before me? wsiukaccess2025-03-24T12:07:28+00:00

What if my main beneficiary dies before me?

Although not compulsory, we would recommend that you provide for alternative beneficiaries if your main beneficiary is not alive to receive the gift. If you haven’t or don’t do this then an update may be required to name new beneficiaries.

Does getting divorced affect my will?wsiukaccess2025-03-24T12:07:15+00:00

Does getting divorced affect my will?

Once divorced, your Will remains valid and will not be revoked. However, for the sole purpose of the Will, your former spouse is treated as deceased and therefore any gifts made to them or appointments as Executor or trustee, become ineffective.

Does getting married affect my will?wsiukaccess2025-03-24T12:07:06+00:00

Does getting married affect my will?

Your Will is automatically revoked (cancelled) when you marry, and you will need to write a new one. If your Will was written “in contemplation of” the marriage, you can include a statement which specifically states it is not to be revoked by your intended marriage.

Home visit appointments across England and Wales

Our popular home visit appointment service is available across the majority of England and Wales. Hover over the map below to check home visit availability in your area. Online video appointments are available to all, so no matter where you are, we’ll be able to help.

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