Life is full of changes, and as your circumstances evolve, so might your wishes regarding your estate. It’s a common question: can you change your will after it’s been made? At Blackstone Solicitors, serving clients across England and Wales, we understand that flexibility is crucial when it comes to estate planning. This article will explain how you can amend or revoke your will, and why it’s often necessary to do so.
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For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of Wills and Probate and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
Why You Might Need to Change Your Will
Several life events can necessitate changes to your will. These include:
- Marriage or Civil Partnership: In England and Wales, marriage or a civil partnership automatically revokes an existing will unless it was made in contemplation of that marriage.
- Divorce or Separation: While divorce doesn’t automatically revoke a will, it’s essential to update it to reflect your new circumstances.
- Birth of a Child or Grandchild: You may wish to include new family members as beneficiaries.
- Death of a Beneficiary or Executor: If a named beneficiary or executor passes away, you’ll need to appoint a replacement.
- Changes in Your Financial Circumstances: Significant changes in your assets or liabilities may require adjustments to your will.
- Changes in Your Wishes: Over time, your preferences regarding beneficiaries or specific gifts may change.
- Changes in the Law: Updates to inheritance tax laws or other relevant legislation may necessitate revisions to your will.
Methods of Changing Your Will
There are two primary ways to change your will:
- Codicil:
– A codicil is a legal document that supplements, amends, or revokes certain parts of an existing will.
– It must be executed with the same formalities as a will, meaning it must be signed by you in the presence of two independent witnesses who also sign the document.
– Codicils are suitable for making minor changes, such as adding a new beneficiary or altering a specific gift.
– However, if numerous or complex changes are required, it’s generally advisable to create a new will.
– Creating a new will revokes any previous wills, ensuring your latest wishes are followed.
– This is the recommended approach for significant changes to your estate or beneficiaries.
– A new will provides a clear and up-to-date record of your intentions, minimising the risk of confusion or disputes.
– It is always best to make a completely new will when there are major changes to your circumstances.
Important Considerations
- Mental Capacity:
– You must have the mental capacity to understand the nature and effect of any changes you make to your will.
– If there are concerns about your mental capacity, a medical professional’s assessment may be required.
- Undue Influence:
– Any changes to your will must be made voluntarily, without undue influence or coercion from others.
– If there are concerns that someone has pressured you into making changes, the will may be challenged.
- Proper Execution:
– Any changes to your will, whether through a codicil or a new will, must be executed correctly.
– Failure to follow the legal requirements can render the changes invalid.
– This is why it is always best to use a solicitor.
- Storage:
– Once a new will or codicil has been created, ensure it is stored safely.
– Inform your executors of its location.
– Storing it with your solicitor is a very good idea.
Why Seek Professional Legal Advice?
While it’s possible to make changes to your will yourself, seeking professional legal advice is highly recommended. At Blackstone Solicitors, we can:
- Ensure Legal Validity: We can ensure any changes to your will are legally sound and meet all the necessary requirements.
- Provide Expert Advice: We can advise on complex issues, such as inheritance tax planning and the implications of specific changes.
- Draft Clear and Unambiguous Documents: We can draft codicils or new wills that accurately reflect your wishes, minimising the risk of disputes.
- Offer Peace of Mind: Knowing your will has been updated by a professional provides peace of mind that your wishes will be carried out as intended.
Regular Reviews
It’s advisable to review your will regularly, particularly after significant life events. This ensures your will remains up-to-date and reflects your current wishes. Regular reviews can also identify any potential issues or areas for improvement.
Changing your will is a straightforward process when you understand the available options and legal requirements. Whether you choose to create a codicil or a new will, seeking professional legal advice can ensure your changes are valid and your wishes are protected. Contact Blackstone Solicitors today to discuss your will and ensure your estate planning is up to date.
We have a proven track-record of advising upon all aspects of private client work. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.to incorporate, what kind of ownership
How to Contact Our Private Client Solicitors
It is important for you to be well informed about the issues and possible implications of writing a Will. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to us today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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