Major life events can trigger changes in your family structure or finances. A divorce or marriage can change relationships immediately, and buying a home is often the biggest financial decision you will make. Despite this, many people don’t consider making a will immediately or leave an existing one unchanged for years after life-changing events. A will only protects you and your loved ones if it reflects your current circumstances, so reviewing yours after a significant change is essential.
We recommend that you review your will every three years to make sure it reflects your current wishes, but especially after major life events such as divorce or separation, marriage, buying a new property or having children.
If you are separated but not yet divorced, your ex-partner is still legally treated as your spouse. If you die, they may still inherit all or a significant portion of your estate, overriding your wishes. A new or updated will detailing how your estate should be divided on your death would avoid any unintended consequences.
A divorce does not cancel your will, but it does affect how parts of it apply. Once a divorce is finalised, the law treats a former spouse as if they have died for the purpose of any gift to them or any role you gave them in your will. If your former spouse was named as a beneficiary, executor or trustee, those provisions no longer take effect. As a result, your will may now require updating to ensure it’s an effective document at dispensing your estate.
For example, if your former spouse was named as executor, the role may pass to someone you didn’t intend to take responsibility for your estate. If they were a key beneficiary, removing them could leave your estate subject to intestacy rules. Find out more: who inherits if there is no will?
A new will is usually the simplest way to make sure your estate is passed on according to your wishes.
Buying a property is likely to be the most expensive purchase you make and will probably be your most valuable asset. Once you have bought a property, your will should account for it, given its importance in your estate and the role a home plays in your family’s life. Whether you own the property alone or with someone else, the document should specify who you want to inherit your share and on what terms.
Such a large new asset can affect the balance of your estate, your liability in terms of inheritance tax, and it may change who you would like to act as your executors. By updating your will after buying a property, you can rest assured that your intentions are clear and that any disputes among your beneficiaries later down the line are resolved with minimum fuss.
Property can be owned in two ways when more than one person is named on the title. These forms of ownership determine what happens to your share when you die.
If you own a property with another person as joint tenants and one of you dies, the survivor becomes the sole owner, regardless of what it says in your will. If the property is held under tenancy in common, this gives you the ability to leave your share to the beneficiaries of your choice.
If you bought a home with a new partner, or you still hold property with your former partner, you must know how the property is held. Many people think that their will alone directs the future of their property, only to discover that joint tenancy prevents their wishes from being carried out.
Checking how your home is owned and updating your will at the same time helps ensure both are aligned with your intentions and provides certainty as to how the property will be treated upon your death. If necessary, you can change the way your property is owned with a Notice of Severance before finalising your will.
If you would like to check how your home is owned, you can either check your property title deeds or use the Land Registry to search for your land and property information.
After a divorce or separation, it is common for people to find that their will still names an ex-partner, former in-laws or people who you no longer wish to provide for. At the same time, new partners, stepchildren or children from blended families may not appear at all.
An out-of-date will can lead to unwanted outcomes in estate distribution or result in disagreements between families at an already very difficult time. A review gives you the opportunity to decide who should inherit from your estate and how best to protect the people that matter most to you now.
A will is the only reliable way to set out who should look after your children if you die before they reach adulthood. After a relationship breakdown or new family arrangements, the guardian you originally chose may no longer be suitable. The person who plays a key role in your children’s lives today may be very different from when you last updated the will.
The same applies to executors and trustees. They hold responsibility for administering your estate and managing any trusts created by your will. They should be people you trust. If your former partner or their relatives were previously appointed, they may no longer be the best choice. You may prefer to appoint different people to reflect the change in your circumstances.
A review of your will following a relationship breakdown is very important to make sure guardians and executors are people that you trust to look after your loved ones and ensure they’re treated fairly according to your wishes.
In England, Wales and Northern Ireland, getting married or entering a civil partnership automatically revokes your existing will unless it was specifically written ‘in contemplation’ of either marriage or civil partnership. This means that your existing will must clearly state your intention to marry or enter a civil partnership with your current partner (they must be specifically named).
Even when a will does remain valid, marriage usually changes your financial position and priorities. Reviewing the ill after marrying or entering a civil partnership helps ensure your partner is protected and that your estate reflects your new circumstances.
Even without major changes, wills benefit from regular review. Executors or guardians can become unavailable, and the value of your estate can shift over time, regardless of major life events.
A regular review ensures your will remains clear and accurate to your intentions. It can also give you peace of mind that your loved ones will be protected after your death.
If, after reviewing your will, you only need to make a minor or simple change, such as updating an executor or guardian, then you may wish to use a Codicil rather than starting from scratch with a new will. There’s no limit to the number of Codicils you can have. But if you have more than one, it’s probably better to make a new will.
For anyone who has experienced a major life event, preparing a new will is often the best and most straightforward way to reflect your change in circumstances. This ensures the document clearly reflects your current family structure and property arrangements.
Professional guidance can be helpful in ensuring your beneficiaries are provided for and your wishes are accurately represented, especially where property ownership or previous relationships are involved.
You can write your will easily online with Which?. You can even get it reviewed by our specialists so you can rest easy in the knowledge that your document is free from errors and will be legally binding.
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