Life Changes, Which Could Mean You Need To Change Your Will

Q: I am getting married next year, should I review my Will?

You will need to review your Will but it is important that you obtain professional advice to consider making the relevant changes. If you get married then this will revoke your Will unless it contains a clause to prevent this happening. If you fail to update your Will and you pass away then the law will consider you as someone who has died intestate because you no longer have a valid Will. This means that your estate will be distributed in accordance with the law and that means your assets could be distributed to the wrong people.

Q: Since I created my Will, I have had children. Should I alter my Will?

Yes, you will need to consider nominating guardians to ensure someone is in place to take care of your children should you pass away before they reach adulthood. The guardians you choose will take over parental responsibility and that means that they need to be someone your children know, love and respect.

Helen Claydon
Jun 29, 2023
3 min read

Updated: Jun 17

Key life events, for example getting married or divorced, having children, or the buying / selling of property can have a significant impact on your Will. This is likely to lead to the Will not achieving your final wishes. Which is why it is so important to review your Will regularly and ensure it is kept up to date.

Couple whose lives have changed with children and in need of updating their Wills

We answer five frequently asked questions on how common life events can have an impact on your estate planning and lead to Will changes below:

I am getting married next year, should I review my Will?

When you get married your current Will is revoked, unless it contains a clause to prevent this from happening. If you fail to update your Will after marriage and then pass away, the law will consider you as someone who has died intestate because you no longer have a valid Will. This means that your estate will be distributed in accordance with the Rules of Intestacy and this could lead to your assets being distributed to the wrong people. After getting married you will need to review your Will, but it is important that you obtain professional advice to ensure making appropriate changes.

I’ve had children since I had my Will written. Should I alter my Will?

Yes, you will need to consider nominating guardians to ensure someone you choose is in place to take care of your children should you pass away before they reach adulthood. The guardians you choose will take over parental responsibility and that means that they need to be someone your children know, love and respect. This will also ensure that the local council won’t be involved in planning your children’s future as well.

I have separated from my spouse and we are thinking about a divorce. Will this affect my Will?

When you separate from your partner, it makes sense to review your Will. You will be likely to want to make sure they do not benefit from your estate if you pass away while you’re still legally married. If you do not update your Will and pass away before a divorce is finalised, then it is likely that your spouse will still inherit as per your previous wishes.

Could buying or selling property create a problem with my Will?

Many people plan to have their property sold when they pass away, with the proceeds divided between their loved ones. If you move and your new property is valued much higher or lower than before this could change how you distribute your estate. Also, if you sell a property that you had promised to someone or it changes in nature then you will need to record this in your Will, while any alteration in the total value of your estate may also need to be addressed.

Under what other circumstances should I review my Will?

There are many different circumstances that dictate that you should review your Will. For example, if an executor, guardian, or a beneficiary passes away, or can no longer act on your behalf, then they will need to be removed from your Will. Finally, the laws around inheritance tax are changing frequently and so, you should check your Will regularly and speak with professionals to make any changes to reflect this. You might need to make gifts or take additional steps to make sure that your chosen beneficiaries are not hit with a tax bill that is larger than it should be.

These are just five common live events which could lead to you needing to amend or renew your Will. It is always advisable to discuss any changes with a professional to be sure you’re doing the right thing.