This article is written for people in England and Wales. Different rules apply in Scotland and Northern Ireland, so check local guidance if you live there.
Keeping a will up to date is an act of care for the people you love. Changing family circumstances — remarriage, a new child, a relationship breakdown or a move abroad — can mean that an old will no longer reflects your wishes or the security you intended for those closest to you. The following illustrative composite scenario shows how an out-of-date document can create uncertainty, and how taking proper legal steps can restore clarity and peace of mind.
Illustrative composite scenario
– Background: In 2008, “Anna” made a will leaving the whole estate to her then-husband and naming him as executor. The document was properly signed and witnessed.
– Change of circumstances: In 2016 Anna and her husband divorced. In 2018 Anna remarried and, in 2020, had a child with her second partner. She never reviewed or changed the 2008 will.
– The result: When Anna died unexpectedly, her original will named her first husband as sole beneficiary and executor. Because decades had passed and family relationships had changed, the named executor lived abroad and had no contact with Anna’s current partner or child. Beneficiaries were unclear about Anna’s likely intentions. Executors and family faced delay and emotional strain while trying to understand what Anna would have wanted.
What went wrong in the composite scenario
– An old will can fail to reflect current relationships and responsibilities. Life changes can make the named executors or beneficiaries unsuitable or undesirable.
– Even when a will was validly executed when written, it may no longer be a good match for the testator’s wishes or the practical realities of their later life.
– Informal changes — crossing out paragraphs, adding a note in the margin or writing an unsigned amendment — do not replace a properly executed document. Never rely on informal alterations to a signed will.
How proper legal steps reduce uncertainty and protect loved ones
– Review after major life events: The GOV.UK guidance recommends checking your will after events such as marriage, divorce, the birth of a child, or a significant change in your finances to see whether it still reflects your wishes (Updating your will).
– Replace large or complex changes with a new will: While small amendments can be made using a codicil, major changes are commonly dealt with by making a new will to avoid confusion. A new will usually includes a clause that revokes earlier wills so there is one clear, up-to-date document (Updating your will).
– Formal requirements for codicils and wills: A codicil must be signed and witnessed in the same way as a will. Wills and codicils must meet the formal legal requirements to be effective — they must be in writing, signed by the person making the will and witnessed by two people who are present at the same time and also sign (Make sure your will is legal).
– Consider tax and estate implications: Changes in assets and beneficiaries can have tax consequences. It’s sensible to consider inheritance tax and other estate matters when updating a will and to seek specialist advice where appropriate (Inheritance tax guidance).
A gentle, practical path forward
– If your wishes are slightly different (for example, a change of executor), a codicil may be appropriate — but only if it is formally signed and witnessed as required by law (Make sure your will is legal).
– If your family or financial picture has materially changed, a new will usually brings the most certainty: it can revoke earlier wills and set out your current decisions clearly (Updating your will).
– Never advise or rely on informal handwritten changes to a signed will. Such changes can cause delay, dispute and distress.
Practical next steps
– Review your will after any major life event.
– Ask a solicitor or regulated will-writing service for help if you are unsure.
– If making a small amendment, consider a formally executed codicil; for larger changes, consider a new will.
– Store the signed will and any codicils safely and tell your executors where they can find them.
– If you are worried about tax or complex assets, speak to an adviser experienced in inheritance tax and estates.
Legal-information disclaimer
This is general legal information for England and Wales, not personal legal advice. Different rules apply in Scotland and Northern Ireland. For advice about your situation, contact a solicitor or other regulated professional.
Sources
- Make a will — https://www.gov.uk/make-will
- Make sure your will is legal — https://www.gov.uk/make-will/make-sure-your-will-is-legal
- Updating your will — https://www.gov.uk/make-will/updating-your-will
- HMRC inheritance tax manual (IHTM12075) — https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12075