You probably need a new will. Here is why the one you wrote years ago may not do what you think

Most people who have a will feel reassured by the fact that they have one. That reassurance is sometimes misplaced.

Wills are not set-and-forget documents. They are written at a point in time, reflecting your circumstances and your wishes at that moment. If your life has changed significantly since you wrote yours, your will may not reflect what you actually want.

Marriage revokes your existing will

In England and Wales, getting married automatically revokes any will you made before the marriage. Unless you made your will in contemplation of that specific marriage, it is no longer valid.

This catches more people than you might expect. Someone who wrote a will in their forties, got married in their fifties, and never updated the will may believe their affairs are in order. They are not. They are effectively dying without a will.

Divorce does not remove your ex-spouse from an old will

After a divorce, gifts to a former spouse and any appointment of them as executor are treated as if the former spouse had died on the date of the decree absolute. This sounds protective, but it can create gaps.

If your entire estate was left to your former spouse and there is no substitute gift, those assets may pass under the intestacy rules rather than to the person you would now choose. A separation that has not yet resulted in a formal divorce also offers no protection: your spouse retains their full entitlement.

New children and grandchildren may not be covered

A will written before you had children, or before certain grandchildren were born, may not include them. Some wills are drafted broadly enough to catch future descendants, but many are not.

Stepchildren are not automatically treated as your own children under the law unless they have been formally adopted. If you want to include stepchildren or other family members who are not biological relatives, your will needs to say so explicitly.

Property you bought after making your will

In most cases, your will covers all the assets you own at the time of death, not just those you owned when you wrote it. So buying a new property does not necessarily require a new will.

But if you bought a property jointly with someone, the way it is held matters significantly. Property held as joint tenants passes automatically to the surviving co-owner, regardless of what your will says. Property held as tenants in common passes according to your will. Many couples do not know which arrangement they have.

Your executors and guardians may no longer be the right people

Executors handle the administration of your estate. Guardians care for your minor children. Both appointments should reflect the people you trust most right now, not a decade ago.

When to review your will

• When you get married or enter a civil partnership
• When you separate or divorce
• When you have or adopt a child
• When a named beneficiary or executor dies
• When your financial situation changes significantly
• When you buy or sell a major asset
• Every five years as a general check

Devonshire Wealth connects families with qualified solicitors and will-writing specialists across the UK. Visit our will writing page to find the right person to review or update your will.