A Will is a legally binding document that dictates the distribution of your property on your death. It also addresses crucial matters such as the guardianship of your children and the appointment of executors to manage your estate. Beyond merely having a Will, it's essential to review it regularly to ensure it still reflects your wishes and current circumstances, including any legal changes.
Generally, you should review your Will every five years or after major life events. Key events that warrant an immediate review include:
New children and grandchildren
You may wish to include gifts to new arrivals in your family or to adjust existing gifts to include them. It may also be that grandchildren born after you made your Will are not automatically included.
Changes in financial circumstances
If the value of your estate increases, for example, on receipt of an inheritance or a lump sum on retirement or simply through the increase in the value of property, you should consider whether your Will still disposes of your estate in accordance with your wishes, and whether certain beneficiaries are receiving more than you initially intended.
If a beneficiary’s financial position improves significantly, you may wish to adjust the amount that they inherit from you. This also includes situations where you have made a gift to a child and want to reflect this in your Will to achieve fairness between all children on your death.
Death of a loved one
If a beneficiary dies, the gift to them could pass to an unintended recipient in accordance with statutory rules. In this circumstance, you should review your Will to adjust the distribution between the surviving beneficiaries or add a new beneficiary. Similarly, if an executor has died then your estate may be administered by someone inappropriate.
Foreign assets
If you have assets in another country, automatic rules of inheritance may apply so you may wish to adjust your English Will to take this into account to avoid a conflict of law in the two (or more) different countries.
Vulnerable beneficiaries
If one of your beneficiaries has (or may have) marital difficulties or is (or may be) in financial difficulties, it could be sensible to change your Will so the gifts you intend to make are not affected by divorce or bankruptcy. Similarly, those in receipt of benefits or those with learning difficulties may find their circumstances have changed and you may wish to make provision for them under your Will. We can ensure that your Will is drafted to cater for these eventualities.
Changes in relationships
Do you have a different partner now from when you made your Will? If so, this is a crucial trigger to review, and likely update, your Will. This is even more of a priority if you live together or jointly own property e.g. a house. Marriage can have unintended consequences to your existing Will. Depending on the wording in your Will, a later marriage could revoke (i.e. cancel) it. However, a divorce does not automatically revoke your Will. The divorce process can be lengthy and until the divorce has reached a certain point, the spouse you are divorcing could still be entitled to benefit under your Will, which is unlikely to be the desired outcome.