A will should reflect the life you have now, not the life you had when you first signed it. If you are asking, can I change my will, the answer is usually yes. The right method depends on what has changed, how significant it is, and whether your existing will still works as intended.
A new relationship, a house move, the arrival of children or grandchildren, a bereavement, or a change in your financial position can all affect the people and assets your will was designed to protect. Updating it carefully can give you and those close to you greater certainty at a difficult time.
Can I change my will after it has been signed?
Yes. In England and Wales, you can change your will as long as you have the mental capacity to do so and make the change voluntarily. You may make a small amendment through a codicil, or replace the document with an entirely new will.
The key point is that a signed will is a formal legal document. Handwritten notes, crossings-out and informal additions may not take effect as you expect. In some cases, an unclear alteration can create uncertainty for executors and family members, or even lead to a dispute after your death.
For that reason, it is usually better not to write directly on the original will. Before making any change, take time to consider the wider effect. Altering one gift may affect the balance you had intended between children, a partner, friends or charities. It may also affect who is responsible for administering your estate.
When should you review your will?
There is no fixed rule that says a will must be reviewed every few years. However, a review is sensible after a major change in your personal, family or financial circumstances. It is also wise to revisit it periodically even where life feels settled, as assets and relationships can change gradually.
Circumstances that often call for a review include:
- getting married or entering a civil partnership
- separating, divorcing or dissolving a civil partnership
- having or adopting a child
- buying, selling or inheriting a property
- the death of an executor, beneficiary or guardian
- a substantial change in savings, investments, business interests or debts
- moving abroad or acquiring assets outside the UK
Marriage or civil partnership can have a particularly significant effect. It will generally revoke an existing will unless that will was made in contemplation of that specific marriage or civil partnership. Divorce does not automatically cancel a will, although it can change how provisions for a former spouse or civil partner are treated. These situations deserve careful attention rather than assumptions.
Codicil or new will: which is appropriate?
A codicil is a separate document that changes or adds to an existing will. It can be useful where the amendment is genuinely limited, such as appointing a replacement executor or changing a modest gift to a named person.
A new will is often the clearer option where several changes are needed, where the original document is old, or where your circumstances have changed substantially. A replacement will can bring all of your wishes together in one document and should state clearly that it revokes earlier wills and codicils.
There is a trade-off. A codicil may appear simpler, but a will with several codicils can become difficult to read and administer. It also increases the risk that an important document is overlooked or interpreted incorrectly. When the overall plan needs reconsidering, a new will is often the more dependable route.
How to change your will properly
Whether you are making a codicil or preparing a new will, the document must be completed and signed correctly. For most wills in England and Wales, this means signing in the presence of two witnesses who are both present at the same time, with each witness then signing in your presence.
Witnesses should be independent adults. A beneficiary, or the husband, wife or civil partner of a beneficiary, should not act as a witness. While the will itself may still be valid, the gift to that witness or their spouse or civil partner may fail.
If you make a new will, do not destroy the earlier document until the replacement has been properly signed and witnessed. If you make a codicil, keep it safely with the original will. Executors need to see the complete set of documents to understand your final wishes.
It is also sensible to record the date, ensure the document identifies you clearly, and make sure executors know where the original is stored. A copy is useful for reference, but the original signed will is normally the document needed to administer the estate.
Capacity, pressure and difficult family circumstances
A person making or changing a will must understand what they are doing, the broad nature and value of their estate, and the people who might reasonably expect to benefit. They must also be making their choices freely.
This can matter where someone is seriously unwell, living with dementia, dependent on another person, or making a change that is likely to surprise close family members. These facts do not prevent a person from changing their will. However, they can make it especially important for the process to be handled carefully and for the reasons behind the decision to be recorded appropriately.
A professionally prepared will can help show that your wishes were discussed properly and that you were given the opportunity to give instructions in confidence. This may reduce the scope for questions or disagreement later, particularly where family relationships are strained.
Do not overlook the assets outside your will
Not everything you own necessarily passes under your will. Some jointly owned property, pensions, life insurance policies, death-in-service benefits and accounts with nominations may be dealt with separately. Your will should sit alongside these arrangements, rather than contradict them.
For example, the way a home is owned can affect what happens to your share when you die. Pension providers and insurers may also ask for nomination or expression-of-wish forms, which should be reviewed when your will changes. A business interest may be subject to a shareholder agreement or partnership terms that need separate consideration.
Digital assets are worth thinking about too. Online accounts, photographs, cloud storage, subscription services and digital currencies can be difficult for family members to identify and access. Your will does not need to contain passwords, but a secure and up-to-date record of key accounts and instructions can be very helpful to executors.
Common mistakes when updating a will
One of the most common mistakes is assuming that a change in family circumstances automatically changes a will. It may not. Another is preparing a document but failing to sign or witness it correctly. Both can leave an estate being dealt with in a way the person did not intend.
People can also forget to update executor appointments. An executor may have moved abroad, become unwell, died, or no longer be the right person for the role. Choosing someone trustworthy is important, but so is considering whether they have the time and confidence to manage the responsibilities involved.
Finally, avoid relying on verbal promises. A conversation with family may explain your thinking, but it does not replace a valid will. Clear written instructions are kinder to those left behind, particularly when emotions are already high.
A careful update can protect the people you love
Changing a will is not simply an administrative task. It is an opportunity to make sure your plans still reflect the people, property and responsibilities that matter to you. Where there are blended families, property ownership, business interests, concerns about capacity or possible disagreement, taking professional guidance can bring valuable clarity.
Alfred James & Co Solicitors LLP can help clients consider their circumstances in a calm, practical way and prepare documents that express their wishes clearly. A timely conversation now can make the position far easier for the people you want to protect later.
