Updating a will after a major life change

A will review should compare the existing document with what has changed in your life. Simply writing a new address on the signed will or crossing out a former beneficiary can create uncertainty rather than a valid update.

Check gifts against the current estate

Identify assets sold, new property, a changed business interest and gifts whose descriptions no longer fit. Review beneficiary names and substitute provisions after a birth or death. A change in family relationships may matter even when your total wealth is unchanged.

Reconsider executors and guardians who have moved away, become unwell or are no longer suitable. Ask whether changes to pension nominations, insurance or joint ownership need attention outside the will.

Choose a codicil or replacement deliberately

GOV.UK explains that a codicil must be properly executed and that substantial changes may be better dealt with through a new will. ^[1] Give the drafter the existing original and all codicils so the documents can be read together.

After execution, update storage instructions and distinguish the operative document from retained copies. Do not destroy an existing will before advice on completing its replacement. Marriage and divorce effects need particular attention; original will storage covers how executors will locate the final document.

Compare each operative provision with today's facts Read the signed will and every codicil together before making a list of requested changes. Identify the gift, appointment or condition affected by each event. A sale of property may affect a specific gift, while a change in the value of investments may alter the practical balance between cash gifts and the residue. The useful question is whether the present wording still produces your intended result, rather than whether the document merely contains an old address or familiar name.

Record what changed, when it happened and what outcome you now want. Distinguish a factual correction from a new decision about who should benefit. If a person has died, identify the substitute provision rather than assuming their share passes to the family member you regard as the natural replacement. If the document is difficult to understand, ask the adviser to explain its existing effect first. A review can otherwise build new instructions on an incorrect reading of the old will.

Consider changes outside the list of beneficiaries The executors, trustees and any guardians may have become unsuitable or unavailable even where your intended gifts remain unchanged. Ask whether their location, health, relationships or professional circumstances affect the appointment. A business interest, debt guarantee or overseas asset acquired later may also require advice beyond replacing a name. Review the arrangements that could affect how the estate is administered, including documents or restrictions the original drafter could not have considered when the will was made.

Pension nominations, insurance arrangements and the way property is owned should be checked alongside the will without being treated as provisions inside it. Updating the will alone may leave a separate nomination unchanged. Equally, a change to joint ownership may affect what is available for a gift without altering the wording on the page. Give the adviser the relevant documents so the review addresses the overall outcome, not just the visible text of a single instrument.

Choose the amendment method for the extent of the change A codicil can alter an existing will, but it must be executed with the required formalities. Where several provisions need revision or the existing documents have become difficult to read together, a replacement may provide greater clarity. Discuss the options with the drafter and explain any other will that must remain effective for foreign assets. A broad revocation clause should be coordinated with that arrangement rather than inserted without considering its wider effect. [1]

Avoid marking the original as though informal handwritten amendments necessarily take legal effect. Work from a copy when explaining the requested changes and leave the executed document intact pending advice. If a new draft is prepared, compare it with the agreed instructions, including unchanged gifts and substitute appointments. A document can be correctly signed yet still contain an unintended omission introduced during revision. Careful review before execution helps separate drafting accuracy from the later question of formal validity.

Close the review only when the new position is clear Confirm what must be signed, who can witness it and how the completed documents should be stored. Ask the adviser what should happen to the earlier original and codicils once the replacement is effective. Do not destroy the only operative will while a new draft remains unsigned or an execution issue is unresolved. If the review concerns a person whose health is changing, raise timing and capacity concerns promptly so the process can be properly considered. [2]

Update the information that tells executors where the current original can be found. Keep a clear distinction between the operative document, superseded copies and your working instructions. Note any connected action still outstanding, such as updating a pension nomination or completing a property document. A will review is complete only when the intended legal document and related practical arrangements have been addressed; agreeing the wording during a meeting is one stage in that process, not its final result.