Advice Admin & Legal When Should You Update Your Will

When Should You Update Your Will

Author Octopus Legacy
Updated 27 March 2026

When Should You Update Your Will?

Writing a will is not a one-off task. Your life changes, the law changes, and your will needs to keep up.

Two-thirds of UK adults either don't have a will or have one that's out of date. Among parents, 59% have no will or an outdated one. And 1.5 million people haven't updated since getting married, which means their will is no longer valid.

An outdated will can be just as problematic as having no will at all. If your will doesn't reflect your current wishes, the people you care about may not get what you intended. This guide covers the life events and legal changes that should prompt you to review your will, and how to make the update.

How often should you review your will?

It's good practice to review your will every three to five years, even if nothing obvious has changed. Small shifts in your circumstances can add up.

But the real triggers are life events. Whenever something significant happens in your life, that's your cue to check whether your will still says what you want it to say.

Life events that should trigger a will update

Getting married or entering a civil partnership

This is the most urgent trigger. Marriage or civil partnership automatically revokes any existing will in England and Wales, unless the will was specifically made "in contemplation of" that marriage.

If you got married and didn't make a new will afterwards, you don't have a valid will. Your estate would be distributed under the rules of intestacy, not according to your previous wishes. This catches more people than you'd expect.

Getting divorced or dissolving a civil partnership

Divorce doesn't revoke your will, but it does change how it works. Under Section 18A of the Wills Act 1837, your ex-spouse or ex-civil partner is treated as if they died on the date the decree absolute was issued. Any gifts to them fail, and any appointment as executor is voided.

The rest of your will still stands, but it may no longer make sense. If your ex was your main beneficiary and you haven't named a substitute, your estate could pass in unexpected ways.

Important: This only takes effect when the decree absolute is finalised. If you're separated but not yet divorced, your spouse retains all their rights under your will.

Having children or grandchildren

A will doesn't automatically include children born after it was made. If you've had a new child or grandchild and want them to inherit, you need to update your will.

This is also the time to review guardian appointments. If you have children under 18, your will is where you name who should look after them if both parents die. Only a parent with parental responsibility can make this appointment.

Death of a beneficiary or executor

If someone you've named in your will has died, check your will. If you named a contingent (backup) beneficiary, their share may already be covered. But if you didn't, the gift could fall back into your residuary estate or pass under intestacy rules.

If your executor has died and you haven't named a substitute, the court will appoint one for you. That person might not be someone you'd have chosen.

Moving house or changing how you own property

If you've moved, your will may reference a property you no longer own. More importantly, if you've changed how you own your home (from joint tenants to tenants in common, or vice versa), this affects how the property passes on death.

With joint tenancy, the property goes automatically to the survivor, regardless of what your will says. With tenants in common, your share passes according to your will. If your will doesn't reflect your current ownership structure, the results could be very different from what you intended.

Significant change in assets

A big inheritance, selling a business, paying off a mortgage, or taking on substantial debt can all change the shape of your estate. If you've left specific cash amounts in your will, these might now be too large (leaving little for your residuary beneficiaries) or too small relative to your total estate.

Percentage-based gifts are often more resilient to changes in value than fixed sums.

Retirement

Retirement changes your financial picture. Pension drawdown decisions become more important, especially given that from April 2027, unused pensions will be included in your estate for inheritance tax purposes. If your estate plan relied on pensions sitting outside IHT, it needs reviewing.

Starting or selling a business

If you've started a business, your will should address succession planning. Business Property Relief (BPR) can reduce the IHT on qualifying business assets, but from April 2026, 100% relief is capped at £2.5 million per person. Above that, only 50% relief applies.

If you've sold a business, the proceeds are now part of your estate and may push you above the IHT threshold.

Serious illness or diagnosis

If you or a key person in your will receives a serious diagnosis, review your will while you have capacity. Testamentary capacity (the legal ability to make a will) requires that you understand what a will does, what you own, who might have a claim on your estate, and that you're free from any mental disorder that affects your decisions.

Change in a relationship

If you've started a new relationship, ended one, or begun living with a partner, your will may need updating. Unmarried partners have no automatic inheritance rights in England and Wales. If your partner isn't in your will, they'll inherit nothing.

Legal changes that affect your existing will

Even if your personal circumstances haven't changed, the law around you might have. Several recent changes could mean your current will no longer does what you think it does.

Change	Date	What it means for your will
Digital assets are now personal property	December 2025	Cryptocurrency, NFTs, and domain names can be left to beneficiaries. Your will should list digital assets and explain how your executor can access them.
IHT thresholds frozen to 2030	Ongoing	The nil-rate band stays at £325,000 and the residence nil-rate band at £175,000. As property and asset values rise, more estates will be caught by IHT.
APR/BPR relief capped	April 2026	Agricultural and business property relief is now capped at £2.5 million per person (100% relief). Above that, only 50% relief applies. Farmers and business owners should review their estate plans.
Pensions brought into IHT	April 2027	Unused pension funds and death benefits will count towards your estate for IHT. This affects estate planning for anyone with significant pension savings.
Non-dom tax regime ended	April 2025	IHT is now residence-based, not domicile-based. UK residents with overseas assets should review how those assets are treated in their will.
Probate copy fees increased	November 2025	Sealed copies of the grant of probate now cost £16 each (up from £1.50). Plan for higher administration costs.
Bare trust registration	Ongoing	Bare trusts set up in wills must be registered with HMRC's Trust Registration Service within 90 days. If your will creates a bare trust for a minor, your executor needs to know this.

Looking ahead: Law Commission reforms

In May 2025, the Law Commission published its "Modernising Wills Law" report with 31 recommendations. These haven't become law yet, but the government response is expected by mid-2026. Key proposals include allowing electronic wills, lowering the minimum age for making a will from 18 to 16, and abolishing the rule that marriage automatically revokes a will. None of these are in force today, but they're worth keeping an eye on.

Should you use a codicil to update your will?

A codicil is a legal amendment to an existing will. It can make small changes without replacing the whole document. Like a will, it must be signed and witnessed by two independent witnesses.

When a codicil works

Codicils are fine for a single, minor change. Updating an executor's name, correcting an address, or adding a small gift to a new grandchild are all reasonable uses.

When a codicil doesn't work

Codicils are not suitable for anything more than simple tweaks. If you need to change beneficiaries, restructure gifts, deal with divorce or marriage, or make more than one change, write a new will.

Multiple codicils create real problems. They can contradict each other, get separated from the original will, and create confusion for your executor. Courts have to read the will and all codicils together, and disputed codicils can lead to legal fees of £3,000 to £15,000 or more.

The simple rule: if in doubt, make a new will. It revokes the old one automatically, gives your executor a single clean document to follow, and avoids any ambiguity.

How to update your will

You have three options:

Write a new will. This is the recommended approach for most updates. A new will automatically revokes all previous wills and codicils. It's clean, clear, and avoids confusion.

Add a codicil. Only for minor, isolated changes. Must be signed and witnessed just like a will.

Use a subscription service. With Octopus Legacy, our will-writing service lets you generate a new will whenever your life changes. Simple wills start from £150, or £450 for a will with a trust. You fill in your details, we review and approve, and send it to you for signing.

Whatever method you choose, remember: your will isn't legally binding until it's been signed by you and witnessed by two independent people who are both present at the same time.

A quick checklist: is your will up to date?

Ask yourself these questions. If the answer to any of them is "yes," it's time to review:

Have you married, entered a civil partnership, or divorced since your last will?
Have you had children or grandchildren who aren't named in your will?
Has a beneficiary, executor, or guardian in your will died?
Have you moved house or changed how you own your property?
Has your financial situation changed significantly?
Do you have digital assets (crypto, NFTs, domain names) not covered in your will?
Do you have pension savings that might now be subject to IHT?
Has it been more than five years since you last reviewed your will?

Ready to update? Update your will with Octopus Legacy or call us on 020 8068 9990.

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How often should I update my will?

Review your will every three to five years as a minimum, and immediately after any major life event such as marriage, divorce, having children, or a significant change in your assets. An outdated will can be just as problematic as having no will at all.

Does getting married invalidate my will?

Yes. In England and Wales, marriage or entering a civil partnership automatically revokes any existing will, unless it was made specifically "in contemplation of" that marriage. If you got married without making a new will afterwards, you currently don't have a valid will.

What happens to my will if I get divorced?

Divorce does not revoke your will, but it changes how it works. Under Section 18A of the Wills Act 1837, your ex-spouse is treated as if they died on the date of the decree absolute. Any gifts to them fail and any appointment as executor is voided. The rest of the will still stands, but you should update it to reflect your current wishes.

What is a codicil and should I use one?

A codicil is a legal amendment to an existing will. It must be signed and witnessed like a will. Codicils are suitable for minor changes like updating an executor's name, but for anything more significant, most legal professionals recommend writing a new will. Multiple codicils can create confusion, contradictions, and expensive disputes.

Do I need to update my will because of the 2026 IHT changes?

Possibly. From April 2026, Agricultural Property Relief and Business Property Relief are capped at £2.5 million per person. From April 2027, unused pension funds will be included in estates for inheritance tax. The IHT nil-rate band remains frozen at £325,000 until at least 2030. If any of these changes affect your estate, you should review your will and estate plan.

Should I include digital assets in my will?

Yes. Since the Property (Digital Assets etc) Act 2025 came into force in December 2025, cryptocurrency, NFTs, and domain names are recognised as personal property. You can leave them to beneficiaries in your will. Make sure your executor knows how to access your digital assets, including wallet addresses and recovery keys.

Does my will automatically include children born after it was made?

No. A will does not automatically include children born after it was written. If you have a new child or grandchild and want them to inherit, you need to update your will. You should also review guardian appointments for any children under 18.

How much does it cost to update a will?

With Octopus Legacy, a simple will starts from £150 and a will with a trust from £450. A codicil may be cheaper in the short term, but writing a new will is usually the safer and more cost-effective option, especially if you need more than one change.