04/03/2026
Estate disputes (sometimes known as contested probate) are rising, but over half of UK adults lack a valid or updated Will. If you are one of them, now is the time to act to protect your family from costly inheritance disputes.
In this blog, our Wills and Probate team highlights not only the importance of having a Will but also why keeping it up to date is equally vital.
Update Your Will Week 2026 – Don’t Forget to Check Existing Wills
If you have already made your Will, fantastic, you have already taken a positive step in protecting your estate. However, avoid the mistake of filing it away and forgetting about it.
Monday 2nd to Sunday 8th March is Update Your Will Week 2026, introduced by The Association of Lifetime Lawyers. In support of this initiative, we are taking this opportunity to highlight some key life events that should prompt you to review and, in many cases, update your Will. Please also read our previous blog, ‘Why Reviewing Your Personal Possessions Matters When Making a Will’.
1. When You Get Married or Enter a Civil Partnership
If you already have a Will in place, it is important to understand that marriage or a civil partnership automatically revokes any previous Will you have or your partner has made. Essentially, this means that once you are married or in a civil partnership, any existing Will becomes invalid. If you were to die without updating it, your estate would be treated as if you had died intestate, meaning the law of intestacy would decide who inherits it, not you. There is one exception to this rule: if your Will has specifically been written ‘in contemplation of marriage’ to a named person.
Next Steps: You and your new spouse should make new Wills as soon as possible after the big day. Alternatively, ensure an existing Will names the person in contemplation of marriage before you get married or enter your civil partnership.
2. Having Children
While this may seem obvious and is often the one event that spurs most people to write a new Will, ensuring it is up-to-date is equally important. Even if an existing Will mentions ‘future children’, it may not set out the right arrangements or include specific provisions for each child.
Remember, your Will can also include provisions for who should care for them if something happens to both parents while they are still young, and how their inheritance should be protected until they reach a certain age.
If you want to provide for children from a previous relationship, or stepchildren from a new relationship, reviewing and updating your Will is particularly important.
Ensure your Will clearly reflects how you wish your estate to be handled so that everyone is provided for according to your wishes. In England and Wales, there are no enforced heirship rules, meaning that it is generally up to you how you structure your Will. However, if you do not provide for someone who was expecting to inherit, they may be eligible to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. For example, children from a previous relationship may be able to challenge a Will if everything is left to a new spouse.
Next Steps: If you drafted your Will before you had children, ensure it is reviewed and updated to name guardians for young children and consider establishing trusts to protect your child’s inheritance. You should also consider the impact of any decisions you are making regarding who will inherit from your estate. At Russell & Russell, our specialist estate planning team is on hand to guide you through appropriate solutions suitable for your circumstances.
3. Having Grandchildren
This is another lovely life event that often prompts most people to review any current plans they have in place. You may wish to set aside certain funds for a grandchild’s future, establish trust funds, or leave a specific gift. When your children start to have families of their own, updating your Will can ensure your estate is adjusted to reflect these changes.
Next Steps: Consider how you want to update your Will to provide for new additions to your family and how provisions should be handled if they are too young to inherit when you die.
4. Significant Change in Assets or Wealth
There are various reasons why a “simple Will” you set up a few years ago may no longer be suitable for the current value of your estate. For example, an increase in property value, acquiring a holiday home, receiving an inheritance, or setting up a business are all assets that can significantly increase the value of your estate, and affect Inheritance Tax liabilities.
If there are any changes to your circumstances or assets, ensure your Will accurately protects your estate and that it is structured in the most tax-efficient way.
If you own more than one home, especially if you have property abroad, or if you are a business owner with commercial property or business assets, updating your Will and carefully structuring your estate plan is even more important.
Next Steps: If you think there are certain assets not provided for in your Will, or your financial circumstances have changed, take the opportunity to review and update your Will and consider other inheritance tax planning solutions.
5. Getting Divorced or Dissolving a Civil Partnership
If you get divorced or have a civil partnership dissolved, once this is finalised, your former spouse or civil partner is automatically removed from your Will as though they died before you. This also means they will not be able to act as an executor. The rest of your Will stays the same.
However, not reviewing or updating your Will either during or after a divorce could cause a few unexpected issues.
Firstly, and this is crucial to remember, if you were to die before your divorce is finalised, your spouse could be entitled to inherit everything under your current Will or act as an executor, even if you have been separated for years.
Secondly, not updating a Will, even after a divorce is finalised, may mean it no longer fully reflects your current wishes, and your circumstances may have changed. For example, it may include assets you no longer own due to the divorce, or your estate may automatically go straight to your children, which can cause complications if this is not structured correctly.
Next Steps: Review and update your Will as part of your divorce or civil partnership dissolution. At the very least, ensure this is one of the first things you do once your divorce is finalised.
6. Protecting Unmarried Partners
Many couples still assume that there is something called “common law marriage,” in which long-term partners who live together acquire the same legal rights as married couples. Unfortunately, this is not the case. While the government is planning to review cohabitation law reform in Spring 2026, until any changes to the law are passed, the current legal framework remains the same. Therefore, if an unmarried couple does not own their assets jointly, such as joint bank accounts or property held as joint tenants, the surviving partner will only inherit if the deceased left a Will naming them as a beneficiary. If the deceased dies without a Will (intestate), those entitled to inherit will be determined by the rules of intestacy. While a longstanding partner may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, this can be a long and complex process, and there is no guarantee that their claim will be successful. It should also not be assumed that a surviving partner will have access to the deceased partner’s pension or life insurance policy unless specifically provided for in a Will.
Next Steps: If you and your partner are not married or in a civil partnership, the only way to ensure you are both protected and provided for after death is to have and update a valid Will that accurately reflects your wishes.
Other Reasons to Update Your Will
The life events above are just some key changes to your circumstances that should warrant a review and potential update to your existing Will. Regardless, it is a general recommendation that Wills are reviewed and updated every five years. Other reasons include, but are not limited to:
- You are moving overseas or returning to the UK.
- There are changing relationships with current beneficiaries.
- You want to remove or change executors.
- An executor or beneficiary dies.
- There are changes to Inheritance Tax liabilities.
- One of your beneficiaries has obtained a Gender Recognition Certificate.
Our private client team can provide specialist advice on a variety of matters relating to your estate, helping you understand if your current Will sufficiently reflects your current situation and protects your estate in the most effective way. Professional advice can also ensure your Will minimises tax liabilities on your beneficiaries.
Can You Edit Your Will or Do You Need a New One?
Updating your Will does not always mean you have to start from scratch. For simple changes, such as changing an executor or making small adjustments to a gift, a codicil (a legal addition to your existing Will) is typically the best option. It’s more straightforward, helps to avoid confusion, and provides clarity about your wishes.
However, significant changes, especially if this is due to marriage, getting divorced, adding an unmarried partner, adding step-children, or anything more complex, a new Will is often the better and safest option.
The Cost of Not Updating a Will
If you are an adult in the UK, having a well-drafted, up-to-date Will is one of the most valuable documents you can have. Dying without a Will, having one that is out of date, or using an unregulated Will writer, can cause several issues that are often costly and stressful for those left behind to deal with. Uncertainty over someone’s wishes is one of the main reasons families find themselves in an inheritance dispute.
It is also vital that your Will is created or updated by an experienced and regulated legal professional who can ensure that your Will is tailored to your exact circumstances and captures your wishes accurately.
The Importance of Using a Regulated Will Writer
When it comes to something as important as your Will, professional legal guidance is invaluable, even if your estate seems straightforward. While using low-cost, unregulated, or online options may appear cost-effective for simple situations, they often fail to address important legal requirements, and potential complications aren’t always obvious. In our previous blog, ‘Do You Need a Solicitor to Write a Will?’, we highlighted the key reasons for using a regulated professional to write or update your Will and the dangers of using unregulated Will writing services.
Read some of our previous articles about what else to consider when making a Will:
How We Can Help
We understand that writing your Will for the first time is extremely daunting. Therefore, the thought of reviewing an estate plan and making updates to an existing Will can seem like one less task you can do without. Our friendly and approachable team are on hand to make things a little easier.
Russell & Russell Solicitors is regulated by the SRA and accredited by the Law Society’s Wills and Inheritance Quality Scheme, which sets the benchmark for best practice and transparency in providing wills and estate planning services.
Our Wills and Probate solicitors are also qualified members of the Association of Lifetime Lawyers (ALL), an independent organisation of legal advisers that provides specialist legal advice for older and vulnerable people, their families and carers.
The department is also a dementia-friendly business. We have offices stretching across the North West, with three in Bolton and one each in Atherton, Bury, Chester, Farnworth, Horwich and Middleton, from where we help clients throughout England and Wales.
To find out more about our Will writing services, including asking about the cost of writing or updating a Will, or to speak to one of our specialist Wills solicitors, please call 0800 103 2600 or send an enquiry.
Please note that this article is meant as general guidance and not intended as legal or professional advice. Updates to the law may have changed since this article was published.