News & Insights

Keeping your Will up to date: why it matters so much

31 March 2023

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Having a Will is the first step. A Will nobody has looked at in years may quietly no longer work. The triggers that should prompt a review.

Written by
  • Jess Taylor TEP Jess Taylor TEP Associate Director of Estate Planning

The most important step is having a Will at all - so if you do, good. But when did you last look at it? What has changed since? Would it still do what you intended? We recommend reviewing a Will at least every five years, and immediately after any major life event. Here is why.

Marriage

Marriage - and equally civil partnership - revokes an existing Will (unless the Will was specifically drafted with a contemplation of marriage clause) - one of the least-known rules in the whole field. Marry or enter a civil partnership after making your Will and, without a new one, you die intestate and the intestacy rules decide everything.

Divorce and separation

On divorce, your ex-spouse is generally treated as having died for the purposes of your Will. Sometimes that produces the right result; often it does not, and in some circumstances an estranged-but-not-divorced spouse remains your principal beneficiary for decades without you realising. Equally, separation from a long-term partner does not remove them from an existing Will. Many clients assume divorce, like marriage, invalidates a Will; in fact it only removes your ex-spouse, leaving the rest fully effective - so ex-in-laws are frequently still named in Wills, and those gifts remain legally valid, without the client realising.

Children and family change

New children, stepchildren, estrangements, deaths. Class gifts like "my children" do not include stepchildren unless the Will says so - a wording point that almost accidentally disinherited half a blended family (see our Case File on exactly this).

Property and asset changes

Moving house, changing how a property is owned (joint tenants v tenants in common), acquiring business or agricultural assets that qualify for reliefs - each can silently defeat the plan in an old Will. When it comes to property, ownership at the Land Registry, not the words in the Will, often decides what actually happens.

Changes in the law

Tax rules move constantly - the treatment of business assets changed materially in April 2026, and pensions are due to enter the Inheritance Tax net from April 2027. A Will drafted under old rules may no longer be efficient, or may contain clauses that now need review.

What a review actually finds

This is not theoretical. Of the Wills we reviewed in May and June, almost 90% had issues - and 50% had major issues. Only around 1 in 7 of the Wills we review need no action at all. The review itself is quick, done by a STEP-qualified estate planner, and covers the whole picture: the Will, ownership, LPAs and tax.

Key takeaways

  • Review every five years, and after every major life event
  • Marriage revokes a Will; divorce rewrites it; separation doesn't change it; property changes and ownership can defeat it silently
  • Most reviewed Wills need something - very few get a clean bill of health

Book your Will review with a STEP-qualified estate planner today.

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