Can You Change Your Will After It's Been Signed?
Making a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are carried out after your death. However, life rarely stands still. Marriages, divorces, new children, property purchases and changing financial circumstances all mean that your will may need updating over time.
The good news is that yes, you can change your will after it's been signed, provided you have the mental capacity to do so. In many cases, updating your will is not only possible but highly recommended to ensure it still reflects your wishes.
In this guide, we'll explain when you should consider changing your will, the different ways to do it, and common mistakes to avoid.
Can You Legally Change a Will After It's Been Signed?
Yes. In England and Wales, you can change your will at any point during your lifetime, as long as you still have the mental capacity to make decisions about your estate.
Your options generally include:
- Making a new will that replaces your previous one.
- Adding a codicil, which is a legal document that amends part of your existing will.
The right option depends on the extent of the changes you want to make.
When Should You Update Your Will?
Many people write a will and never look at it again. However, reviewing your will every few years—or whenever a significant life event occurs—can help ensure it remains accurate.
You should consider updating your will if you've experienced any of the following:
Marriage or Civil Partnership
In most cases, getting married or entering into a civil partnership automatically revokes an existing will unless it was specifically written in contemplation of that marriage.
If you've recently married, it's important to make a new will to ensure your wishes remain legally valid.
Divorce or Separation
Divorce doesn't automatically invalidate your entire will, but it can affect how gifts to a former spouse are treated.
Failing to review your will after a divorce could result in unintended consequences for your estate.
Having Children or Grandchildren
Welcoming a new child or grandchild is often a good reason to review your will.
You may wish to:
- Include new beneficiaries.
- Appoint guardians for minor children.
- Create trusts for younger beneficiaries.
- Adjust how your estate is divided.
Buying or Selling Property
Major changes to your assets can mean your existing will no longer reflects your estate.
For example, if you've sold the property mentioned in your will or purchased another home, your estate planning should be updated accordingly.
Changes in Financial Circumstances
Receiving an inheritance, starting a business, retiring or significantly increasing your wealth may all affect how you'd like your estate distributed.
Regular reviews help ensure your estate plan keeps pace with your financial situation.
The Death of an Executor or Beneficiary
If someone named in your will dies before you, your will may no longer work as intended.
Reviewing your will allows you to appoint replacement executors or update beneficiaries where necessary.
How Can You Change Your Will?
There are two main ways to update a will.
1. Make a New Will
For significant changes, making a completely new will is usually the safest and simplest option.
A professionally drafted new will should clearly state that it revokes all previous wills, avoiding confusion after your death.
Many legal professionals recommend creating a new will rather than making multiple amendments over time.
2. Add a Codicil
A codicil is a legal document used to make minor amendments to an existing will.
Examples include:
- Changing an executor.
- Updating an address.
- Adjusting a specific gift.
- Correcting small errors.
Like a will, a codicil must usually be signed and witnessed correctly to be legally valid.
Should You Write Changes Directly on Your Will?
No.
Writing notes, crossing out sections or making handwritten changes on the original document can create uncertainty and may even invalidate parts of your will.
Even seemingly small alterations can lead to disputes or delays during probate.
If you need to make changes, it's always best to create a properly executed codicil or a new will.
Should You Use a Codicil or Make a New Will?
As a general guide:
A codicil may be suitable if:
- You're changing one executor.
- You're updating a small gift.
- You're correcting personal details.
- Only one or two minor amendments are needed.
A new will is usually better if:
- You're getting married.
- You're divorcing.
- Your family circumstances have changed significantly.
- You're changing multiple beneficiaries.
- You've accumulated substantial new assets.
- Your previous will is several years old.
A new will is often easier for your executors to administer and reduces the likelihood of misunderstandings.
How Often Should You Review Your Will?
Even if nothing major has changed, it's sensible to review your will every three to five years.
Regular reviews help ensure:
- Your executors are still appropriate.
- Beneficiaries remain accurate.
- Your estate reflects your current assets.
- Your wishes haven't changed.
- Your will remains suitable under current legislation.
A quick review today could prevent unnecessary complications for your family in the future.
Common Mistakes to Avoid
When updating a will, avoid these common errors:
- Making handwritten amendments.
- Forgetting to sign and witness changes correctly.
- Not destroying superseded versions of your will.
- Failing to inform your executors where the latest version is stored.
- Waiting until poor health makes updating more difficult.
Seeking professional advice can help ensure your updated will accurately reflects your wishes and complies with current legal requirements.
Frequently Asked Questions
Can I change my will without a solicitor?
Yes. However, because mistakes can affect the validity of your will, many people choose professional assistance, particularly if their estate or family circumstances are complex.
Does marriage cancel an existing will?
In most cases, yes. Marriage generally revokes an earlier will unless it was specifically written in contemplation of that marriage.
Can I simply cross something out on my will?
No. Handwritten changes can cause legal uncertainty and may invalidate parts of your will.
What is a codicil?
A codicil is a legal document that makes specific amendments to an existing will without replacing the entire document.
When is it better to write a completely new will?
If you're making several changes or your circumstances have changed significantly, creating a new will is usually the safest option.
Final Thoughts
Your will should evolve as your life does.
Major life events, changes in family relationships, or new financial circumstances can all mean it's time for an update. Reviewing your will regularly helps ensure your wishes remain clear, your loved ones are protected, and your estate can be administered as smoothly as possible.
If you're unsure whether your current will still reflects your wishes, seeking professional guidance can provide reassurance and help you make the appropriate changes with confidence.
Need Help Updating Your Will?
At Ember Heritage, we help individuals and families create and update wills that reflect their current circumstances and future wishes.
Whether you're making a small amendment or need an entirely new will, our friendly team can guide you through the process, explain your options clearly, and ensure your documents are prepared correctly.
Get in touch today to discuss updating your will and enjoy the peace of mind that comes from knowing your wishes are protected.
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