Do I Need a New Will?

In Brief

Research from the Money and Pensions Service in 2025 revealed that 56% of UK adults aged 18 and over did not have a Will. 

Will solicitors don’t know how many people with Wills need a new one because their current one no longer reflects their personal or financial circumstances.

Whilst writing a Will is an excellent way to protect your loved ones, your Will needs to be updated if your family life evolves or your estate changes.  

Our Will and estate planning lawyers can explain whether your Will needs updating and prepare a new Will for you.

Contact Evolve Family Law For Help With a New Will. 

Is a Will For Life?

A Will can be for life, as Will solicitors always try to write a Will that is precise but not overly specific. With careful, expert drafting, a Will may not need to be reviewed or changed for several years.

Examples of how an estate planning solicitor can give a Will longevity include:

• Not naming children or grandchildren if the Will maker wants all their children or grandchildren to inherit, and there is a possibility that more children will be born after the Will is signed.
• Substitute beneficiaries are included in case a beneficiary predeceases a Will maker, so the Will leaves the estate to alternate beneficiaries. 
• The use of discretionary trusts in Wills and the careful appointment of trustees.

Despite the care taken by Will lawyers when drafting a first Will, sometimes estate planning solicitors recommend that a new Will be signed or a codicil prepared.

The Difference Between a New Will And a Codicil

The difference between a new Will and a codicil is that a new Will revokes any earlier Will, while a codicil does not do so because it is an addendum or add-on to the earlier Will.  

A Will lawyer will carefully consider an existing Will and the extent of the changes required and recommend either a new Will or a codicil. Sometimes a new Will is essential when the changes are wide-ranging, or when a codicil might raise questions about its impact on the Will’s provisions. 

An example of when a codicil may be appropriate is when a Will maker wants to add a specific bequest—for example, leaving their engagement ring to their daughter.

An example of when a new Will may be appropriate is when an estate has grown in size since the first Will was signed, and the testator wants to engage in estate planning to make their new Will as tax-efficient as possible.

Reasons For a New Will 

If your Will was a DIY Will, prepared by a non-specialist lawyer or signed some years ago, it’s best to check if you need a new one.  

Sometimes, people do not realise that their Will is no longer fit for purpose and needs a complete overhaul. That is because changes in personal or financial circumstances may not seem legally significant to you, but they can be.

Reasons for a new Will include: 

1. The executors of the Will have passed away, and there is no substitution of executor clause in the Will.
2. The Will maker has married.
3. The Will maker is in a new cohabiting or unmarried relationship. 
4. The testator has separated from their wife, husband, civil partner or partner.
5. The Will maker has children or grandchildren, and their existence was not contemplated, and they were not referred to in the original Will.
6. There are stepchildren or step-grandchildren that the testator would like to leave a legacy to, and although the children and grandchildren were included as beneficiaries or substitute beneficiaries in the first Will, the wording does not include relatives by marriage.
7.  Covering unforeseen events not anticipated in the first Will. For example, if the original Will did not say what would happen if one of the beneficiaries predeceased the testator.
8.  Age of inheritance – a Will maker may want to change the age at which their beneficiaries can inherit. For example, increasing the age from 18 to 25, or expanding trustees’ powers to advance some of the inheritance funds to underage beneficiaries to help pay for education fees or other specified expenses.
9. Change in a beneficiary’s personal or financial circumstances. This could range from a beneficiary becoming bankrupt to winning the lottery, so the Will maker wants to adjust the legacies to them in the Will.
10. A plan to reduce the risk of a Will challenge or estate claim. A new Will may help reduce the risk of estate claims by evidencing the testator’s capacity to make the Will or by including measures to reduce the potential for dependency claims.

There are many other reasons a Will may need to be reviewed. It is best to seek legal advice every couple of years to ensure your Will still meets your needs and protects your family and loved ones. 

Changing a Will if a Beneficiary’s Circumstances Change

You may think that a change in your beneficiary’s personal or financial circumstances is not relevant to your Will or estate planning. However, estate planning solicitors recommend that you consider whether to review your Will if your beneficiary:

1. Gets married.
2. Separates or divorces their spouse.
3. Has children.
4. Is made bankrupt.
5. Receives lifetime gifts from you or another family member.  
6. Shows that they are not good at managing their finances.

Reviewing your Will does not necessarily mean you will reduce the size of the legacy left to a beneficiary. Amending the wording of a Will may provide your beneficiary with protections and help safeguard family money.

There are several other situations in which a change in a beneficiary’s financial or personal circumstances may justify amending your Will. If you are unsure about the benefits of updating your Will, contact a Will solicitor for advice. 

Reasons for Changing Your Will if a Beneficiary’s Situation Changes 

Here are several reasons and explanations for why you may want to change your Will because of a change in a beneficiary’s circumstances:

1. A beneficiary’s change in relationship status. If a beneficiary lives with a partner or marries, you may want them to consider signing a cohabitation agreement or prenuptial agreement to help safeguard the money you are leaving them in your Will. You may be keen to keep your gift ‘in the family’ and avoid the possibility that an unmarried partner, or a husband or wife, could claim a share of the legacy if your beneficiary receives their inheritance and then separates. If a beneficiary is cohabiting and uses the legacy to pay off the mortgage on a property jointly owned with their partner, half of the legacy could be lost if the beneficiary separates from their partner. Equally, if a beneficiary marries without a prenuptial agreement, they could lose the money inherited from you if they divorce, as the legacy would not be ringfenced.  
2. A beneficiary’s separation or divorce – if a beneficiary is going through a difficult separation or divorce, you may not want them to inherit a substantial legacy that could be the subject of a divorce claim. There are ways to change a Will, so your beneficiary can still receive a legacy or share of your estate while reducing the risk that the legacy will be partially inherited by their spouse.
3.  A beneficiary has children –  if your beneficiary has children, you may want to change your Will to say that if your beneficiary predeceases you, their share of your estate will be inherited by their children. Alternatively, if your beneficiary is financially comfortable, you may prefer to leave your planned legacy to their children or in a discretionary trust.
4. A beneficiary is made bankrupt – if your beneficiary inherits money during their bankruptcy, their trustee in bankruptcy will use the money to pay off debts. If a beneficiary is self-employed in a high-risk sector or is financially imprudent, there are measures you can take in an updated Will to protect the legacy and your beneficiary.
5.  A beneficiary receives lifetime gifts from you or another family member – the lifetime gifts may have been made to reduce your estate’s liability to pay inheritance tax, or to help your beneficiary buy their first house, pay children’s school fees or to assist with their financial recovery after a separation or divorce.  Lifetime gifting to one beneficiary may require an update to the Will to reflect the lifetime gifts that one child or grandchild has received if fairness and equal financial provision are important to you. If further gifting is possible, careful Will drafting can achieve fairness without the need to keep changing the Will.
6. A beneficiary is not good at managing their money – this situation may prompt a Will maker to question whether a beneficiary should receive the planned legacy or how to write the Will in a way that protects the beneficiary. There can be several ways a beneficiary may struggle with money, such as their young age, a love of spending, a vulnerability to gambling, a financially abusive spouse, an injury or a health condition. A Will can include a discretionary trust to protect a vulnerable beneficiary or one who could benefit from income or capital advances from trustees, rather than an outright inheritance. Alternatively, the testator may prefer to amend the Will to say that a beneficiary should inherit at age 30, rather than at age 18 or 21.

Whatever a beneficiary’s circumstances, an expert Will solicitor can discuss your Will concerns and explain your options and create an updated Will that helps address your beneficiary’s change in circumstances.

Contact Evolve Family Law for a New Will   

Updating your Will is one of those chores that we sometimes put off, but it is best not to. If you are uncertain about whether your Will needs reviewing and updating, talk to one of our specialist Will lawyers for comprehensive and expert advice.

Contact Evolve Family Law For Help With a New Will. 

Frequently Asked Questions on Wills

Do I need to know what I want to put in my Will before I see a Will solicitor? 

It is helpful to have an idea of what you would like to put in your Will. However, many people make an appointment to see a Will lawyer without knowing exactly what they want to put in their Will and are receptive to advice on how to structure their Will to estate plan and minimise inheritance tax, protect young or vulnerable beneficiaries and how to create a Will that reduces the risk of a successful estate claim by a disappointed family member.

Can I leave my estate to my preferred choice of beneficiaries?

In England and Wales, there is no law requiring a testator to leave a specified percentage of their estate to their spouse or children. However, if you are married, in a civil partnership, or in a relationship akin to marriage for over two years, have children or other dependants, a claim could be made against your estate if it is asserted that the Will is invalid or does not make reasonable financial provision for a potential claimant. An estate planning lawyer can advise on how to reduce the risks of an inheritance claim.  

What happens if I die without a Will?

If you die without a valid Will, your estate is distributed to family members according to legislation. Who inherits your estate is set out in the intestacy rules. Non-biological family, such as unmarried partners or step-children, will not inherit under the intestacy rules. The rules can produce very unfair results and lead to court proceedings alleging that the intestacy rules do not make reasonable financial provision for a claimant.

What happens if I do not update my Will?

If your financial circumstances change, but you do not update your Will, your earlier Will remains valid. If you marry, your earlier Will is revoked unless the Will was made in contemplation of marriage. If you divorce after signing a Will, some provisions in your Will may no longer be effective. 

It is best to talk to a Will solicitor about the impact of any change in financial or personal circumstances because if your Will is not up to date at the time of your death, there is an increased risk that a partner or family member will make an inheritance claim and allege that the Will does not make reasonable financial provision for them.

What should I include in my Will?

What is included in your Will is your decision, but it is usual to: 

• Appoint executors and trustees to administer your estate.
• Appoint a testamentary guardian if you have dependent children. 
• Give legacies or bequests to specified beneficiaries.
• Leave the residue of your estate, after debts are paid off, to a beneficiary (for example, your spouse) or a class of beneficiaries (such as all your children alive at the date of your death).  
• Create trusts. 

A Will lawyer will advise on how to ensure that your Will reflects your wishes but is as generic as possible to reduce the need for regular Will updates. For example, by referring to the children alive at the date of your death rather than naming each child. 

How will getting married or entering a civil partnership affect my Will?

If you marry or enter a registered civil partnership, this automatically cancels your Will unless the Will specifically says that it was written in contemplation of your planned marriage. If you intend to marry, it is best to talk to a Will solicitor and a prenuptial agreement lawyer about a new Will and relationship agreement. 

What is an executor?

An executor is the person or organisation named in your Will as responsible for administering your estate. 

This means obtaining probate, paying any debts and taxes, paying any specific legacies and distributing the remainder of your estate amongst your residuary beneficiaries.

Executors can be held liable if they make a mistake, such as paying insufficient inheritance tax or paying the wrong amount to a beneficiary. This is one reason why Will makers often appoint their Will solicitor to be an executor of their Will. Alternatively, lay executors can instruct probate solicitors to handle the estate for them. 

Can an executor of a Will be a beneficiary of the Will?

An executor of a Will can be a beneficiary named in the Will. For example, it is usual for a spouse to be appointed as one of the executors and to be the sole or main beneficiary in a Will.

Can an executor decline to act as an executor?

It is best to ask your proposed executors whether they are willing to serve as executors and to update the Will if they are no longer able or suitable to act as executors.

After a Will maker has passed away, an executor can request to be released from the role. Alternatively, they can ask a probate lawyer to administer the estate for them. This can help to reduce the administrative burden, risks, and stress that some executors struggle to cope with during a bereavement.

What is the residuary estate?

The residuary estate is the money that is left after your executors have:

• Paid the funeral expenses.
• Paid inheritance tax and any other outstanding tax due to HMRC.
• Paid any debts, such as a credit card bill or bank loan.
• Paid any monies outstanding because of the sale of assets, such as estate agent fees or conveyancing solicitors’ costs.
• Paid any specific gifts to beneficiaries, such as a gift of £500 to each of the Will maker’s grandchildren.
• Discharged the probate solicitors’ bill for administering the estate.

What is left is the residuary estate. Normally, this is the bulk of the estate unless the Will maker made large specific bequests.

What is a mirror Will?  

Some spouses, civil partners or unmarried couples choose to make mirror Wills. These are separate Wills, but the Wills mirror one another. In typical mirror Wills, the testator leaves their estate to the other partner, and the partner who dies last leaves their estate to their child, and, if more than one child, in equal shares.

Are mirror Wills binding?

 After a mirror Will has been signed, the Will maker can change their Will. They do not need to tell their partner that they have done so. After the first partner dies, the surviving Will maker can remarry or make a new Will leaving the entire estate to a new partner rather than to the children from their first marriage.

Do I need a Will solicitor to write a Will?

You can do a DIY Will or use a Will writer who is not a lawyer to write your Will for you. However, your Will may not say what you intended it to say or may not be as tax efficient or as watertight from the risks of a Will challenge.

A Will lawyer at Evolve Family Law can explain our Will-writing services and the likely fixed costs and timescales.

Contact Evolve Family Law For Help With a New Will.