When Should You Update Your Will?

Is it time to update your Will? Update Your Will Week runs from 3rd-9th March 2025. During the week, the Association of Lifetime Lawyers is urging people to review their Wills to ensure they accurately reflect their wishes.

During "Update Your Will Week," we are answering common questions about Wills and explaining when, why, and how you should review and update your will. We also emphasise the importance of using a Solicitor to update your Will.

Find out more about our Wills service here.

Please call us on 01707 329333 or email law@crane-staples.co.uk to book an appointment with one of our specialist Wills solicitors. Appointments can be held at our office in Welwyn Garden City, via Microsoft Teams, or through a local home visit where appropriate. Please note that we can only provide tailored legal advice once you have formally instructed us and arranged an appointment to discuss your individual circumstances. We are unable to answer general questions or provide guidance outside of a formal consultation. Our support team cannot offer legal advice via phone, email, or online chat. Thank you for your understanding.

What is Update Your Will Week?

Update your Will Week is an awareness campaign taking place between Monday 3rd March and Sunday 9th March, encouraging people to review and update their Wills and estate plans.

10% of adults with a Will need to update it. – Lifetime Lawyers

During this week, we remind you of the importance of reviewing your existing Will to account for any changes in your life circumstances. It is also an opportunity to ensure that you are still happy with your chosen beneficiaries and executors. Furthermore, the week encourages people without a Will to think about making one.

Over 50% of UK adults over the age of 30 don’t have a Will at all. – Lifetime Lawyers

What is a Will?

A Will is a legally binding document that outlines how your assets should be distributed following your death. Your Will is a way to ensure that your property, finances, and personal belongings go to the people or organisations you want them to. A Will also ensures that your estate is administered by someone trusted and chosen by you.

It is a common misconception that Wills are just for older people, people with significant wealth or large families. But they are applicable to everyone, and there is value for every UK adult to consider making a Will.

13% of UK adults think you only need a Will if you own property. – Lifetime Lawyers

You can read more about Wills on the Government website.

How often should you update your Will?

We recommend that Wills are reviewed every five years and updated if anything has changed since the last review.

Regularly reviewing your Will ensures that:

• Your Will remains up to date with any law changes
• Your Will remains tax efficient
• Your Will accurately reflects your latest wishes
• Your Will accounts for the latest circumstances of your executors and beneficiaries

When should you update your Will?

You should review your Will after major life events or changes which will impact you or your loved ones. Key events that should trigger you to review and update your Will include:

• Marriage: Marriage automatically revokes existing Wills, requiring a new Will unless the previous one explicitly stated it was made "in contemplation of marriage."
• Divorce/Separation/Civil Partnership Dissolution: Divorce alters the legal effect of your Will, treating your ex-spouse as if deceased, and potentially invalidating their role as executor.
• Moving or Purchasing Property: Changes in property ownership necessitate a review.
• Welcoming Children or Grandchildren: Ensure your Will reflects your wishes for new family members.
• Death of a Beneficiary or Executor: Update your Will if someone named within it has passed away.
• Legal Gender Recognition: Changes in your legal gender require updates to align with your identity.
• Significant Life Changes: Review your Will after any major personal or financial changes in circumstances.
• Pets: Increasingly, we are seeing clients make provisions for their pets in their Wills. This is something to consider if you have a beloved pet that you want to ensure is looked after when you pass away.

Only 25% of UK pet owners have left instructions about their pets in their Wills - Lifetime Lawyers

How do you update an existing will?

Once a Will has been properly signed, witnessed, and dated, it cannot be amended. Therefore, to make any changes, you must create a new Will.

In the past, an official alteration document called a Codicil could be added to make changes to an existing Will. Historically, codicils were more common when wills were handwritten. This is because handwriting a completely new document was a time-consuming and cumbersome process.

Whilst codicils are still valid, modern technology makes it far easier, simpler and safer to make a new Will altogether.

Making a new Will revokes any previous Wills and codicils.

Is it better to write a new Will or add a codicil?

We strongly recommend creating a completely new Will instead of using a codicil. This ensures clarity and avoids potential confusion or disputes. Codicils can lead to ambiguity, increased chances of challenges, and difficulties in tracking changes. For a straightforward and secure estate plan, a new Will is always the preferred option. We no longer draft codicils at Crane & Staples.

Can I create a codicil to update my Will myself?

While technically possible, creating a codicil yourself is highly discouraged. The risks of invalidity and unintended consequences far outweigh any perceived convenience. Ensuring a codicil is legally binding requires strict adherence to specific formalities, which are easily overlooked without professional guidance.

Self-drafted codicils often lead to problems related to witnessing and ambiguity. Even minor errors in the witnessing process can invalidate the codicil. The codicil must also accurately reference the original Will and clearly specify the amendments. Vague wording or unclear intentions can lead to disputes in the future.

Attempting to create a codicil without legal expertise increases the likelihood of errors that could render your amendments invalid. To protect your estate and ensure your wishes are honoured, we strongly recommend seeking professional assistance to update your Will.

Please contact our Wills, Trusts and Probate team to book an appointment to correctly make a new Will.

Can I create a new Will without a solicitor?

Again, we strongly recommend using a solicitor to draft your Will.

20% of UK adults over 30 attempt DIY Wills - Lifetime Lawyers.

As a result of DIY Wills, we have seen many instances of invalid documents and unintended outcomes. Crucial legal formalities are easily overlooked without professional guidance, particularly for complex or high-value estates.

26% of people who dealt with an estate in the last four years experienced a problem or dispute with it - The Law Society

Using a solicitor to update your Will provides many assurances including:

• the Will is legally sound
• the Will accurately reflects your wishes
• the Will optimises tax efficiency

Find out more about why you should use a Solicitor to make a Will here.

Does a new Will override an old Will?

Yes, a properly executed new Will completely revokes any previous Wills and codicils. To ensure clarity, a standard revocation clause should be included. For example: "I hereby revoke all Wills and codicils previously made by me."

Once the new Will is validly executed (signed and witnessed), the old Will is null and void. It can be safely destroyed.

While multiple Wills can exist for assets in different countries, each should clearly specify which previous Wills it revokes, and ensure each deals with distinct assets.

For expert guidance on managing multiple Wills, please contact our Wills solicitors.

How much does it cost to update your Will?

At Crane & Staples, we charge from £400 plus VAT to prepare a Will for an individual. For couples seeking 'Mirror Wills' (nearly identical Wills leaving assets to the surviving partner and then to beneficiaries), our fees starts from £550 plus VAT. Where there are additional complexities to a Will, our fees increase in line with your Solicitor’s hourly rate. We will provide you with a bespoke fee estimate once we have met with you to understand your personal requirements. Please click here to read more about our fees.

Update Your Will Today

During Update Your Will Week, take the vital step to make or review your Will. This is the best way to ensure your wishes are honoured and your loved ones are protected when you pass away.

Whether you are experiencing life changes, or simply need a routine review, our expert solicitors are here to guide you. By using a solicitor to update your Will, you gain peace of mind that your Will is legally valid, tax-efficient, and accurately reflects your intentions.

Contact us today to schedule your consultation with one of our trusted Wills solicitors in Welwyn Garden City.