Could a Will that was right for you years ago now say something you no longer mean?
It is easy to think of estate planning as a job you finish and file away. But life does not stay still, and your circumstances, priorities and the rules around your planning can change. That does not mean your original Will was wrong. Think of it as a map drawn for a journey: it may have been accurate when it was made, but the roads and the destination can change. The sensible response is to check it still takes you where you want to go.
What can change after you make your plan?
Five things can shift over time:
1. Your family circumstances. Relationships, dependants and the people you want to provide for may change.
2. Your assets and their value. You may acquire or sell property, build up savings, or develop business interests. How an asset is owned can matter as much as what it is worth.
3. Your objectives. Perhaps your priorities for who benefits, and how, have changed.
4. Tax and legal rules. Rules may change, and changes may sometimes be announced before they take effect. Two current examples matter to almost everyone. From 6 April 2027, unused pension savings will count towards your estate for inheritance tax purposes under the legislation now in place, subject to the detailed rules, which will affect far more people than just business and farm owners. And for business and farm owners, the developments discussed in our article on the £2.5m cap and APR/BPR changes may prompt a review of existing planning.
5. The people you trust to act for you. Executors, trustees or attorneys may no longer be the people you would choose today.
An example worth knowing about. Property held as tenants in common lets you leave your share to whoever you choose, and it is often paired with trust planning. If you later move to a property held as joint tenants, the deceased owner’s interest normally passes automatically to the surviving owner by survivorship, rather than under their Will, subject to the precise ownership and circumstances. Your Will and any trust have nothing to act on, and planning that was sound at the time no longer achieves what you intended. Neither form of ownership is inherently better; which is right depends on your circumstances and objectives.
A review is not a declaration that the old plan failed. It is a way to check whether it still reflects your wishes and your circumstances.
How often should you review your Will and estate plan?
GOV.UK advises reviewing your Will every five years and after a major life change. Treat that as a floor, not a ceiling. Our own view is that every two years is the better rhythm, given how quickly property ownership, family circumstances and the rules around tax and care can move. A review does not mean you must make changes.
Use this numbered checklist:
1. Check who is named. Are your executors and trustees still people you trust and who are willing to act? Do the beneficiaries named still match your wishes?
2. Check what your Will says about your estate. Consider whether the gifts and the way the remaining estate is dealt with still reflect what you want.
3. Check your assets. Note any changes to property, savings, business interests and other significant assets. If property or a business is involved, have the relevant documents available for a review.
4. Check the surrounding documents. Consider whether your trust documents and lasting powers of attorney still reflect your intentions. An LPA concerns decisions during your lifetime; it is not a replacement for a Will. See GOV.UK’s guidance on lasting powers of attorney.
5. Check the details that can affect the outcome. Look at any survivorship wording: does a gift depend on a beneficiary surviving you, and what does your Will say if they do not? Do not assume the wording gives the result you expect.
6. Check the timing. Make a review appointment after any major change, and otherwise set a reminder to review your Will every two years, against the five years GOV.UK suggests as a minimum.
For Wills in England and Wales, the signing and witnessing requirements in section 9 of the Wills Act 1837 matter. Section 15 also makes a gift to a person who witnesses the Will, or that person’s spouse or civil partner, void. That does not, by itself, mean the whole Will is invalid. If you are unsure about how a Will was signed or what a clause means, ask for a review before trying to alter it.
Questions to answer before changing anything
Before agreeing to a new plan, pause and ask yourself:
- What has changed since I made the plan?
- Which part of it no longer reflects my wishes, and why?
- Is the concern about legal validity, or about whether the plan still suits me?
- Have the reasons for any proposed change been explained in plain English?
These questions help separate a genuine problem from a plan that is legally sound but no longer suits you. Legal validity and continuing suitability are different questions. A Will may have been correctly prepared for the circumstances and instructions at the time, while those circumstances or instructions later change.
What to do if another adviser says your plan is wrong
Hearing that a plan you trusted may be wrong is unsettling. Treat the concern seriously, but you do not have to decide immediately.
Ask the adviser to explain which specific document or wording concerns them, what they believe the issue is, and how it could affect the outcome you want. Request the reasoning in writing, including whether they are raising a possible legal defect, a change in your circumstances, a difference in planning approach, or a recommendation to replace documents.
Then compare it with your own objectives: does the current plan still do what I intended, and what I want now? If you are not clear, ask for a review focused on those questions before deciding to change anything.
There can be legitimate differences of opinion about how best to plan. A recommendation to make new documents does not, by itself, show that the original plan was defective, and a plan that was correct at the time may still need updating. A complaint is not a substitute for a review. This is a neutral, practical step, not a recommendation for or against making one.
Be alert to pressure to act before you understand the reasons, but do not dismiss a concern simply because someone else prepared the documents. Focus on the evidence, the wording and the outcome you want. If your situation is not straightforward, GOV.UK advises considering professional advice when making a Will. You may also find our article on choosing between a DIY Will and professional support useful.
What to have ready for a review
A useful review starts with the existing plan and a clear account of what has changed. Gather what is relevant to your circumstances:
- Your current Will and any later versions.
- Property deeds, trust documents and any relevant LPA.
- Pension and business papers, where relevant.
- A short list of what has changed in your family, assets, objectives or chosen decision-makers.
- Any written explanation or proposal that has raised questions.
A review should clarify what your documents say, flag anything that may need attention, and explain the next steps in plain English. It should not assume you need new documents before establishing what you have and what you want.
A practical next step
At The Right Will, we understand that estate planning isn’t just about paperwork. Our four-step process takes you from an initial consultation through to professionally bound documents, including a jargon-free review of whether your existing planning still reflects what you want.
Before you book a review, find your current Will and related documents, write down what has changed and what you want your plan to achieve now, and ask for a clear explanation of your options before deciding whether to make changes.
A Will is not a one-off decision. It is a record of your wishes at a particular time. Check it when life changes, and change it only when you understand why.
Sources
- GOV.UK: Making a will
- GOV.UK: Updating your will
- GOV.UK: Make, register or end a lasting power of attorney
This content is for information purposes only and does not constitute regulated financial or legal advice. Scope: England and Wales; rules differ in Scotland and Northern Ireland.
