Updating a Will

What Does Updating a Will Involve?

Updating a Will simply means ensuring it still reflects your wishes and remains legally valid. Changes can be made in two main ways:

• Codicil — a legal document that makes minor amendments to an existing Will (such as changing an executor or adding a small gift). A codicil is useful for small changes, such as swapping an executor or leaving a specific gift to someone. It must be signed and witnessed correctly to be valid.
• New Will — a completely new document that replaces the old one, used when bigger or multiple changes are needed. A new Will is the safest choice for major updates, such as changing your primary beneficiaries, adding new property, or restructuring your estate. A new Will usually includes a clause that revokes all previous Wills and codicils.

Our solicitors will help you decide which option is best for your situation and make sure the update is legally watertight.

Why Regular Will Reviews Matter

It’s recommended that you review your Will every three to five years — or sooner if your circumstances change. An outdated Will can cause confusion, disputes, or unintended consequences after your death.

Regular updates ensure your estate plan keeps pace with:

• Changes in your family (marriage, divorce, new children or grandchildren)
  
• Changes in your finances (new property, inheritance, or business assets)
  
• Changes in the law (such as inheritance tax rules)

By reviewing your Will regularly, you protect your loved ones and make sure your wishes are honoured.

When Should You Update Your Will?

You should update your Will whenever a major life event happens. Common triggers include:

• Marriage or civil partnership — this usually cancels any previous Will unless it was specifically made “in contemplation of marriage”.
  
• Divorce or separation — a divorce doesn’t automatically cancel your Will, but it does affect how your estate is distributed, so a review is essential.
  
• Births or deaths in the family — adding children or grandchildren, or the death of a beneficiary or executor.
  
• Change in assets or finances — buying or selling a home, starting a business, or receiving an inheritance.
  
• Moving abroad — living overseas or acquiring foreign property may require an Expat Will.
  
• Executor or beneficiary changes — if someone you named is no longer able or willing to act.
  
• Changes in tax or the law — inheritance tax thresholds and other rules can affect how much of your estate is passed on.

How We Help You Update Your Will

Updating your Will doesn’t have to be complicated, but it does need to be done properly to avoid disputes or invalid documents. At Burt Brill & Cardens, we guide you through each stage so you feel confident your Will truly reflects your wishes.

Here’s how the process works:

1. Initial review of your existing Will
   We start by looking at your current Will alongside your family circumstances, assets, and any recent changes in your life. This helps us identify what may no longer be suitable or legally effective.
   
2. Advice on whether you need a codicil or a new Will
   Not every change requires a complete rewrite. If you just want to replace an executor or add a small gift, a codicil may be the simplest solution. If your situation has changed significantly — for example, new property, marriage, or children — we’ll advise that a new Will is the safer option.
   
3. Careful drafting of the update
   Our solicitors prepare your codicil or new Will with precise legal wording that avoids ambiguity and ensures your instructions are clear. We also make sure your Will reflects the latest inheritance and tax rules.
   
4. Ensuring proper signing and witnessing
   One of the most common reasons Wills are challenged or found invalid is because they weren’t signed and witnessed correctly. We guide you through this process step by step so there’s no risk of mistakes.
   
5. Coordination with your wider estate planning
   If you have Trusts, life insurance, or overseas assets, we ensure your updated Will works alongside these arrangements. This prevents conflicts and keeps your estate plan joined up.
   
6. Secure storage and access
   We can securely store your updated Will and provide you with copies. We also advise you on how and when to tell executors and family members where your Will is held, so it can be easily located when needed.
   
7. Ongoing support for future changes
   Life rarely stands still. We offer ongoing support so that whenever circumstances change — whether that’s a house move, a new child, or changes in the law — your Will can be reviewed and updated quickly.

By handling everything for you — from legal drafting to safe storage — we make sure your Will remains valid, effective, and aligned with your wishes at every stage of life.