How to update a Will
It’s a common scenario: you’ve prepared a Will but years down the line your circumstances change. A change in life events means the Will no longer paints an accurate picture of your wishes.
To update a Will:
- Explain the updates to your solicitor.
- They will draw up a document called a ‘Codicil’ to detail the alteration.
- You sign the Codicil and have it witnessed.
A Will is not set in stone. You have every right to request amendments.
In fact, it’s recommended to review your Will every five years. Perhaps your financial situation is significantly different? Or maybe you’ve now got grandchildren you’d like to leave money to?
When should I update my Will?
You might want to update your Will when:
- A named beneficiary dies.
- You have kids or grandchildren.
- You get married. Marrying in England cancels the terms set out in your Will, so you’ll need to make a new one.
- You get divorced. In England, getting divorced won’t make a Will invalid, but it will automatically cancel any gifts you’ve left your ex-spouse.
Codicils
If you’re looking to make small changes to your Will, you don’t necessarily have to draw up a new one from scratch.
A Codicil allows you to detail any amendments without completely replacing the existing Will – it simply acts as a supporting document. This is usually cheaper than drawing up a new Will.
A Codicil has to be signed and witnessed. However, you’re allowed to use different witnesses from the original Will. It should be kept with the original Will and if it should be lost, this can raise concerns over the original Will.
There are no hard and fast rules about what you can and cannot change using a Codicil. In fact, there are no limits to the number of Codicils you can add.
It’s wise though to keep amendments to a minimum, so it doesn’t cause confusion for the person sorting out the Will when you die.
If you’re looking to change large chunks of information, you might be better off writing a new Will. Doing this will cancel any existing Wills and Codicils.
You may find your legal representative recommends destroying your old Will.
Updating a Will may be easier with the help of a solicitor or legal expert. Get in touch if you need a hand, and we'll review your case for free.
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Note: First4Lawyers offers this information as guidance, not advice. Before taking any action, you should seek professional assistance tailored to your personal circumstances
