The Will Review Checklist: Five Milestones That Deserve a Fresh Look

A will is one of those documents that many people sign, store safely and then rarely think about again. That is understandable. It feels finished. In practice, however, a will is a snapshot of your wishes at a particular moment. When your family, your finances or your home change, the snapshot can become misleading.

Reviewing a will is not a sign that something has gone wrong. It is ordinary maintenance, like checking insurance cover or updating a password. The key is to recognise the moments that deserve a second look.

Why a will can become out of date

In England and Wales, a will stays valid until it is revoked or replaced. But its effect can change without any amendment to the document itself. Some events, such as marriage or civil partnership, can revoke a will automatically unless it was made in contemplation of that marriage or civil partnership. Other events, such as divorce or the birth of a child, do not simply rewrite the will for you. They may change how the law treats particular people or gifts, but they will not necessarily produce the outcome you intended.

That is why a will should be reviewed after major life events, not simply filed away and forgotten.

Milestone 1: Marriage or civil partnership

Marriage or civil partnership is one of the most significant triggers. Unless your will was made in contemplation of the marriage or civil partnership, the event can revoke it. If you marry without making a new will, the intestacy rules may decide who receives your estate. That can produce a very different result from the one you planned, particularly where there are children from an earlier relationship or a business interest.

The practical step is straightforward. If you are planning a wedding or civil partnership, make or review your will before the event, or shortly afterwards. Do not assume that an old will will continue to work.

Milestone 2: Separation, divorce or dissolution

Separation alone does not usually change the terms of a will. That can be an uncomfortable point. If you are separated but not divorced, an existing will may still benefit your spouse or civil partner. If you die during that period, the will may not reflect your current wishes.

Divorce or dissolution has a greater legal effect. The law generally treats a former spouse or civil partner as having died for the purposes of gifts and appointment as executor, unless the will says otherwise. But that is not the same as a full rewrite. You may still need to update beneficiaries, guardians, executors and any trusts. Reviewing the will early in a separation can avoid uncertainty later.

Milestone 3: A new child or grandchild

The birth or adoption of a child is a common reason to revisit a will. A new child does not automatically slot into every will. If your will leaves gifts to named individuals, a new child may not benefit. If it refers to children as a class, the position may be different, but the wording matters. Guardianship arrangements for young children should also be considered.

Grandchildren can raise similar questions. You may want to include them, set an age for inheritance, or leave the matter to their parents. A review gives you the chance to decide rather than leaving it to chance.

Milestone 4: Buying a home or other significant asset

Property is often the largest asset in an estate. If your will refers to a specific address or to 'my property', selling that property or buying a new one can cause the gift to fail or produce an unintended result. The same can apply to a particular shareholding, business interest or savings account.

Ownership arrangements matter too. If you own a home as beneficial joint tenants, it may pass automatically to the other owner outside the will. If you own it as tenants in common, your share can pass under the will. A solicitor can check the title and make sure the will and the ownership structure work together.

Milestone 5: Retirement or a change in financial position

Retirement can change the size and shape of an estate. It may affect inheritance tax planning, the need for trusts, and the practical choice of executors. A person named as executor years ago may have moved away, become unwell or died. A beneficiary may now be in a different position.

A significant change in financial position, whether through a business sale, an inheritance or a change in investments, is also a sensible trigger for review. The aim is not to complicate matters. It is to make sure the will still does what you think it does.

Other triggers worth noting

Cohabitation is another important one. Unmarried partners do not automatically inherit under the intestacy rules, so a will is often essential. The death of an executor or beneficiary, remarriage, a move abroad or a change in the law can also justify a review. This list is not exhaustive, but it covers the events that most often cause difficulty.

What to do next

Find your existing will and read it alongside a note of what has changed. Do not amend it by writing on it, crossing things out or attaching notes. Those changes may be ineffective or create confusion. Speak to a solicitor about whether a new will or a codicil is appropriate.

Keep the signed will in a safe place and tell your executors where it is. A review every few years, and after any major life event, is a sensible habit. It is not about anticipating the worst. It is about making sure your wishes remain clear.