Why it’s important to update your Will

Most people know they should have a Will, but far fewer realise how important it is to keep that Will up to date. Life rarely stays still for long – families grow, relationships shift, and finances evolve. Your Will needs to keep pace with those changes to reflect current circumstances.

Your preferences may naturally change over time – who should inherit, who you trust to act as executors, or how you want your estate handled. Updating your Will ensures your document accurately reflects your intentions, not your past decisions.

Keeping your Will up to date isn’t just good practice, it’s essential.  Here’s why.

Life Changes, Your Will Should Too

Your Will should reflect your life as it is today, not how it was five, ten, or twenty years ago. Major life events can significantly impact your estate and key ones include:

  • Marriage or civil partnership;
  • Divorce or separation;
  • Buying or selling a property;
  • Having children or grandchildren;
  • Starting or closing a business;
  • Receiving inheritance; and
  • Changes in relationships with beneficiaries or executors.

If your Will doesn’t reflect these changes, it may no longer carry out your wishes.

Avoiding Intestacy

If your Will becomes invalid or simply doesn’t cover everything properly, part (or all) of your estate may end up falling under the Intestacy Rules.  These are effectively the law’s “default settings” and they don’t always produce results you’d choose yourself.  For instance, the rules do not recognise unmarried partners and may prioritise relatives you wouldn’t choose.

Reducing Stress and Conflict for Loved Ones

Dealing with the death of a family member is already incredibly difficult.  An outdated or unclear Will can create confusion, delays, and disagreements between relatives.  By updating your Will when necessary, you provide clarity around your wishes, makes the probate process smoother and reduce the emotional burden on your loved ones, which in turn prevents potentially expensive and unpleasant disputes arising.

A well‑drafted, current Will is one of the greatest acts of care you can give your family.  It’s a small effort now that saves a great deal of difficulty later.

Protecting Children and Vulnerable Beneficiaries

If you have children or other dependants, an updated Will is particularly important.

You may need to:

  • Appoint or update guardians for younger children;
  • Create or adjust trusts for those who need long‑term financial protection; and
  • Ensure money is managed properly until beneficiaries are old enough to handle it.

As children grow and circumstances shift, your arrangements should grow with them.

Tax Planning and Asset Protection

Tax rules change, and so do your finances. An older Will may no longer make the best use of available allowances or reliefs. Updating your Will can help ensure your estate is handled as efficiently as possible, protecting more of your assets for the people you love.

Many people are shocked to hear that currently the rate of Inheritance Tax is 40%.  Regular reviews with a legal professional ensure your Will continues to make the best use of current tax rules and estate‑planning strategies.

How Often Should You Update Your Will?

As a general rule, you should review your Will every 3 to 5 years, or sooner if you experience a major life change. Even small updates can make a significant difference to how your estate is administered.

If it’s been a while since you last reviewed your Will, or you don’t have one at all, now is the perfect time to take another look.  Please contact us and a member of our team would be happy to guide you through the process with clear, practical advice tailored to your circumstances.

Graeme Black
Partner, Private Wealth & Inheritance
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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

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