Have a question?
033 3772 0409

Legal News

Changing a will – is it really necessary? (9 November 2018)

Date: 09/11/2018
Duncan Lewis, Legal News Solicitors, Changing a will – is it really necessary?

Making a will is never the most enjoyable of experiences and not one that most people want to have to go through more than once, so once it’s done and dusted that should be it right? Store it safely away and forget about it.

But what happens when you need to change your will?

There are many reasons why you may need to change or update your will and if you do not your existing will may become out of date and will no longer adhere to your wishes.

Below are some of the most common reasons for changing a will;

  1. Your assets have changed – there is little point in leaving someone a house you no longer own, assets can change for a number of circumstances, and moving house is one of the most common. Keeping your will up-to-date means you can avoid the disappointment, shock and complication of leaving behind assets that are no longer yours.


  2. You got married – getting married is a life changing experience and also a will-changing one. Yes, getting married actually revokes any will made previously (in England and Wales), meaning it is essential that a new one is drawn up.


  3. You got divorced – unlike marriage, getting divorced does not actually revoke a will but it is worth updating it to avoid causing disputes and distress further down the line. This is particularly important if you made a mirror will with your partner, in which the contents of both wills are complimentary or identical.


  4. Children (or grandchildren) came along – it is a wise move to update your will after you have children or grandchildren, you may want to change who gets what and prevent any family disputes.


  5. Someone named in your will dies – obviously when we decide to leave something to someone in a will we do not expect to outlive them. If someone named in your will dies, you will sadly, need to update it.


  6. Taking full advantage of the recent tax introduction of the Residential Nil Rate Band which affords additional tax benefits for those leaving their properties to their direct descendants.

For all of the above circumstances, it is highly advisable that you update your will. In some instances, where several changes need to be made for example, it would be better to make an entirely new will.

If it is a small amendment you wish to make, you can use a codicil.

What is a codicil? Simply put, a codicil is a document that needs to be signed and witnessed in the same way as a will. It allows you to make amendments to an existing will rather than having to draw up a new one.

A codicil is useful because you do not have to go through the stressful and often uncomfortable process of re-writing your entire will.

Generally, codicils are also cheaper than writing an entirely new will. If you opt for a codicil this will simply be kept with your original will. You can use several codicils if you wish, but bear in mind that there is the potential that they could get lost over time, once made, codicils are just as important as the will itself.

If you decided to make a new will, you should physically destroy the old one – either tear it, shred it or even burn it - so that it is not confused later on with the new one.

At Duncan Lewis, we have a dedicated wills and probate team that have the experience and expertise to assist you with the writing of a will, codicils and updating existing wills. We understand that this can be a delicate experience and have an understanding and approachable manner, making sure everything is clear and understood whilst remaining sensitive to your feelings.

Wills and probate director, Caroline Roche, has a wealth of experience in handling all aspects of making and editing a will. Her advice is;

“Making a trip to the Solicitor to have a will drafted has often been compared to having to visit the dentist to have a tooth extracted, it is in short, regarded as painful and uncomfortable business, however, overwhelmingly, clients express a sense of relief once they have made their wills and/or updated their wills to reflect any change in their circumstances. When in doubt as to whether you should make a will, it is always advisable to contact a Solicitor to discuss your concerns further. Delaying making a will can inevitably cause problems and it is always prudent to make a will sooner rather than later.”

Caroline Roche, is a solicitor and Director in the wills and probate department at Duncan Lewis. Her specialist experience includes, drafting complex wills; advising on inheritance tax due from an estate; gathering the estate when a loved-one has passed; dealing with both taxable and non-taxable estates, handling the affairs when a loved-one has died without a will.

Contact Caroline on 020 3114 1104 or caroliner@duncanlewis.com.

Duncan Lewis Wills & Probate Department

Our wills and probate solicitors are able to offer a comprehensive and personal service. As specialists, their expertise includes, drawing up wills; advising on inheritance tax, property law, and international wills. We offer you clear and focused advice, guiding you through the process.

We understand that drawing up a will or administering an estate can be an emotional experience, therefore, our specialist team will make sure that the future of your family is secure and your wishes are carried out.

To instruct a specialist wills and probate solicitor, call 033 3772 0409.

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is Spencer House, 29 Grove Hill Road, Harrow, HA1 3BN. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.