A will is not a document you prepare once and file away. It should evolve alongside your personal circumstances, your assets, and your intentions. Failing to keep a will up to date can result in unintended consequences for your loved ones and, in some cases, may render parts of the will ineffective altogether.

In England and Wales, the law sets out clear rules about when and how a will takes effect. Certain life events can significantly impact the validity or effectiveness of your existing arrangements. A regular review ensures that your will continues to reflect your wishes and protects those you intend to benefit.

Why Reviewing Your Will Matters

An outdated will can lead to:

As a rule of thumb, your will should be reviewed every three to five years and sooner if your circumstances change.

Marriage or Civil Partnership

One of the most important triggers for reviewing a will is marriage or entering into a civil partnership.

Under section 18 of the Wills Act 1837, a will is automatically revoked upon marriage, unless it was expressly made “in contemplation” of that marriage. This means that if you marry without updating your will, you may unintentionally die intestate, meaning your estate would be distributed under the intestacy rules, rather than under your chosen will.

Practical example:
A client makes a will leaving their estate to siblings. They later marry but do not update the will. The original will is revoked, and the estate instead passes under the intestacy rules; potentially to a surviving spouse, not the intended beneficiaries.

Divorce or Dissolution of a Civil Partnership

Unlike marriage, divorce does not revoke an entire will. Instead, once a divorce or dissolution is finalised, your former spouse or civil partner is treated as though they had died for the purposes of your will.

This can create gaps in your will:

  • Gifts to the former spouse will fail
  • Appointments (such as executor or trustee) may no longer be effective

A review ensures your will reflects your current relationships and avoids uncertainty.

Having Children or Expanding Your Family

The arrival of children, whether by birth, adoption, or step-family changes, should prompt an immediate review.

A will allows you to:

  • Appoint guardians for minor children
  • Specify how assets should be held for children (for example, in trust until a certain age)
  • Ensure financial provision is appropriate

Without an updated will, there may be no clear guidance on guardianship or how funds are managed on behalf of young beneficiaries.

Buying or Selling Property

Property is often the most valuable asset in an estate, and changes in your property ownership can have major implications.

Key issues include:

  • Whether property is held as joint tenants or tenants in common
  • The impact on any specific gifts in your will
  • Changes in the overall value of your estate

Changes in property ownership can affect how gifts in your will operate, particularly where assets have been sold, replaced or ownership arrangements have changed. If you have moved home, purchased investment property, or changed ownership arrangements, your will should be updated accordingly.

Changes to Business Interests

For business owners, a will forms part of a wider succession plan. Changes such as:

  • Acquiring or selling shares
  • Entering into partnership agreements
  • Restructuring a company

can all affect how your estate should be distributed.

It is important to align your will with any shareholder or partnership agreements, particularly where there are provisions dealing with death. Failing to do so can create conflicts or unintended outcomes for surviving business partners and family members.

Business owners should also consider whether their estate planning continues to make the best use of any available inheritance tax reliefs, such as Business Property Relief, where appropriate.

Significant Changes in Wealth or Assets

An increase or decrease in wealth through inheritance, investment success, or changes in your financial circumstances, may alter how you wish your estate to be distributed.

You may wish to:

  • Update specific gifts or legacies
  • Review tax planning, including Inheritance Tax allowances
  • Consider the use of trusts to protect assets

It is also worth remembering that many modern estates now include digital assets such as online banking, cryptocurrency, cloud storage, social media accounts and valuable digital photographs. These should be considered alongside your physical assets when reviewing your will.

Changes in Personal Relationships

Relationships naturally evolve over time. You may wish to revisit your will if:

  • You begin a new cohabiting relationship
  • You become estranged from a beneficiary
  • You wish to include or exclude certain individuals

Many couples assume that living together gives them the same legal rights as married couples. In reality, cohabiting partners have no automatic entitlement to inherit under the intestacy rules, regardless of how long they have been together. This makes a properly drafted and regularly reviewed will particularly important.

If an Executor or Beneficiary Dies

It is not only changes in your own life that should prompt a review. If someone named in your will dies before you, your will may no longer operate as intended.

This is particularly important if your only appointed executor has died or if you have left a significant gift to a beneficiary who is no longer living. Reviewing your will allows you to appoint replacement executors where appropriate and ensure your estate is distributed in line with your wishes.

A Practical Approach: When Should You Act?

You should consider reviewing your will if you experience:

  • Marriage, civil partnership, divorce, or separation
  • Birth or adoption of a child
  • Purchase or sale of property
  • Changes to business interests
  • Significant changes in financial position
  • Changes in personal relationships
  • The death of an executor or beneficiary named in your will

Even where no major event has occurred, a periodic review ensures your will remains effective and continues to reflect current legislation, tax rules and your personal wishes.

How We Can Help

Keeping your will up to date is not simply a legal formality, it is a key step in protecting your family, your assets, and your intentions.

At Ison Harrison Solicitors, we provide clear, practical advice on:

If your circumstances have changed, or if it has been several years since your last review, we recommend speaking with a solicitor.

Our expert Wills and Probate team can help you review your will and make any necessary updates, giving you confidence that your wishes are clearly recorded and your loved ones are protected.

Give us a call today on 0113 284 5000 or email mail@isonharrison.co.uk to arrange a consultation.