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Home | Wills & Estate Planning | Updating your Will

The Importance of a Valid Will

It is important that your will is kept up-to-date. A lot can happen in a short amount of time, which is why we recommend you review your will every two to three years.

If you do not review your will regularly, chances are your will may no longer be relevant to your circumstances. Perhaps the people named in your will may no longer be alive, or particular persons you wish to provide for may not have been included.

FAQ

How often should I review my will?

How often should I review my will?

We recommend reviewing your will every two to three years.

Reviewing you will is as simple as thinking about your current circumstances and making sure that your will is still effective and as you intend.

Key times to review your will are if:

  • You have married, divorced or separated, or plan to do so in the future;
  • You have had children;
  • You have acquired more assets and wish to give them to particular people;
  • A beneficiary has died or you no longer wish to provide for them;
  • An executor has died, become unwell or unable to act, or if you no longer wish for them to act.

Do I need a new will if I have married?

Do I need a new will if I have married?

Unless your current will was made in contemplation of the person you married then it will no longer be valid after your marriage.

Marriage cancels wills unless the will was specified to be made in contemplation of that marriage and was intended not to be cancelled by it.

If you are unsure of whether your will is still valid you should speak with one of our wills & estates solicitors.

Do I need a new Will if I have separated or divorced?

Do I need a new Will if I have separated or divorced?

A significant even such as separation or divorce is a key time to review your estate planning documents, including your will.

Divorce will cancel parts of your will, but not all of your will. Separation (unless through a divorce) will not affect your will.

People after divorce or separation often need a will to take into account their change of circumstances, including ownership of assets and people they wish to include and provide for.

I have moved address, should I update my will?

I have moved address, should I update my will?

Moving address or having a former address on our will does not automatically make the will invalid.

However, moving homes can be a good time to review your will. It is important to review how you own your home and with who, and what would occur if one or both of you passed away.

You may also wish to give your home specially to someone or provide them with the ability to live there for a period of time after your death.

I have changed my name, do I need a new will?

I have changed my name, do I need a new will?

If you changed names, you do not need to do a new will as long as it can be determined that when you die you are the same person as the person referred to in your will.

Proving that you are the same person after your death usually requires additional legal paperwork. This can result in additional time and costs.

It is also important to consider the name in which you own your assets.

We often recommend that you update your Will to include your new name.

I made my first will when my children were very young, should I update it?

I made my first will when my children were very young, should I update it?

We recommend you review your will every two to three years and after significant life events.

If your children are now adults, then you may wish to include them in your will as executors. You may also have a better idea as to their ability to handle money and what exactly you wish to give them.

You may also have grandchildren or other people in your life that you now wish to provide for.

Can I make my own changes to my will?

Can I make my own changes to my will?

If you wish to alter or change your Will, then you should consult us.

Marking or writing on your will, whether to remove parts or add parts in, can cause your will to become invalid and no longer effective. This is because the law has strict guidelines as to how wills should be prepared and altered.

It is important you speak to us about any changes you wish to make, so that we can ensure your will accurately reflects those changes and is legally sound.

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