Published on: 20th June 2022

Updating your Will

Patience is a virtue and time is a great healer. When it comes to Wills, however, this is not necessarily true. As time passes, circumstances and people can change. Thus, the circumstances when a Will was originally written can have drastically changed and no longer reflect the current wishes of a testator.

Solicitors for the Elderly (SFE) commissioned research that has shown that 47% of British residents with a Will have not updated their Will in the past five years, a third of British Wills have not been updated within seven years, and 21% have not been changed in a decade or more. This demonstrates that a large number of UK Wills could be out-of-date and not in line with the true wishes of the testator.

Ensuring that you have an up-to-date Will is crucial in carrying your wishes. There are, however, many misconceptions that lead to people not updating or rewriting their Will. According to the SFE research, only 16% of people know that getting (re)married invalidates previous Wills. Less than a third of British people (31%) realise that stepchildren are not automatically included in the distribution of their estate unless it is stipulated in the Will. Additionally, 17% of people believe that you can amend your Will simply by writing on the original document and initialling the amendments. This last misconception is particularly dangerous. If your circumstances have changed and you want to amend your Will, it is important to seek professional advice.

Some significant events that might prompt considering amendments to your Will could be new family members such as children, grandchildren, nieces, and nephews. If there are new family members, including them in the Will can even help to avoid family disputes. Additionally, if you have been separated or divorced since writing your Will, it is a good idea to ensure you have an up-to-date Will. Many people believe that getting a divorce automatically revokes your previous Will as that is what happens with marriage. Divorce does not automatically cancel a previous Will, so it is important to take that into consideration when reviewing circumstances. Another event that might be a reason to amend your Will is in the case of someone named in your Will predeceasing you. In this unfortunate scenario, your Will should be reviewed to determine who (if anyone) will take their place as an executor, guardian, or beneficiary. Your Will is still valid if a named individual passes away, but that clause of the Will would fail.

Casey & Associates keep in touch with clients with a monthly newsletter that includes occasional reminders for clients to book an appointment to review their Will. These review appointments are free of charge. If your circumstances have recently changed or if you wish to book an appointment to review your current Will, book a no-obligation appointment with one of our knowledgeable Consultants by calling 01732868190 or using our online form by clicking here.

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If you wish to give instructions or require general information about our Wills, Lasting Powers of Attorney, or Trusts then we will carry out a telephone or Zoom appointment. However, if you wish to give instructions to one of our Consultants and you feel that you can only do this at a Face to Face meeting we are offering, at our Consultant’s discretion, a limited number of Face to Face appointments in most of the areas we normally cover (subject to Government advice). To see the areas we normally cover please click here. To arrange an appointment please telephone 01732 868190 or click here.

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