Life changes, and your Will needs to keep pace. Whether you have recently got married, navigated a divorce, purchased a new property, or experienced another major life event, keeping your Will under review ensures your wishes are protected and your loved ones spared from complex and costly legal disputes.
Why reviewing your Will is essential
A Will is one of the most important legal documents you will ever prepare and whilst having a Will in place is great, taking a “set and forget” approach carries real risk.
It is crucial to review your Will every time a major change in your person circumstances occurs. Milestones such as marriage, divorce, having children, or inheriting new assets, should prompt a review of your Will. For instance, marriage automatically invalidates an existing Will (unless the Will was made in contemplation of that marriage). In such cases, your estate would be vulnerable to being distributed on death in accordance with rules of intestacy. This means the law dictates who inherits your assets, which can entirely exclude unmarried partners, stepchildren, or close friends.
The hidden dangers of outdated or DIY Wills
Passing away with an outdated Will or a homemade one carries significant risks. An outdated Will could prove difficult for loved ones to navigate, especially if the Will mentioned former partners or now estranged children.
Furthermore, homemade Wills can often be ambiguous resulting in increased administration costs or disputes. A single error in drafting or a failure to follow strict witnessing rules can render the entire document invalid. Without expert legal knowledge, you risk leaving your family to navigate a highly stressful, expensive, and prolonged administration procedure.
Protecting your estate from costly disputes
Even if a Will exists, it can be challenged after you pass away. Contentious probate claims are emotionally draining and expensive for your family to resolve. A robust, professionally updated Will helps safeguard your estate against common legal challenges, including:
- Lack of testamentary capacity: A claim asserting that you did not have the required mental capacity to understand the Will when you signed it.
- Undue influence: An allegation that you were pressured or coerced into signing the document against your true wishes.
- Inheritance Act 1975 claims: A claim that you failed to make adequate financial provision for a dependent, such as a spouse, partner, or child.
Why choose Buckles to secure your future?
Instructing a specialist lawyer ensures your Will is legally binding, accurately reflects your intentions, and is significantly harder to challenge. Every family situation is different, which is why we take the time to understand your aims and offer bespoke solutions.
When you choose Buckles, you benefit from our strategic wealth preservation advice, where we help structure your estate to minimise Inheritance Tax and protect your assets from an adverse change in circumstances, in the future (e.g. care home fees.)
Beyond drafting your Will, we provide comprehensive legal guidance on associated matters, such as establishing Lasting Powers of Attorney (LPAs) to ensure your care and financial decisions are safely managed if you were to ever lose capacity.
Ensure your final wishes are honoured
Do not leave your family’s future to chance. Gain complete peace of mind knowing your affairs are in the hands of legal specialists who understand how to protect your interests. If you need support changing or reviewing an existing Will, get in touch with our Private Client team today.
FAQs
Can an executor change a will?
No, an executor does not have the authority to change a Will. Their role is to carry out the instructions and wishes of the person who created the Will, following death. Any changes to a Will must be made by the individual themselves or through a court order.
Can a power of attorney change a Will?
No, a power of attorney does not have the authority to change a Will. A Will can only be changed by the person who created it or through a court order. However, if someone with power of attorney believes that changes need to be made to the Will due to incapacity or other reasons, they can bring this concern to the attention of the court.
