Five life events that should trigger an immediate will review

Many people assume that once a will is signed, it can sit safely in a drawer for years. In practice, however, a will can quickly become outdated if it no longer reflects your circumstances, family structure, or financial position.

The following five events are among the most common triggers for an immediate will review.

1- Buying your first home

Purchasing a property is often the first substantial financial commitment you make.  A will made before a property purchase is unlikely to deal adequately with that asset or with how it is owned. This is particularly important where property is held jointly.

If you share the property with a partner or family, you may want to ensure that they can continue to reside in the property once you have died.

If a property is owned as joint tenants, it will pass automatically to the surviving co‑owner under the right of survivorship, regardless of what the will says. If the intention is that a share should pass to children or other beneficiaries, you would need to change the ownership to hold the property as tenants in common. Failure to revisit the will and its impact on your property can undermine your intentions entirely.

Given current property prices, owning a property is likely to mean that your estate will fall within the inheritance tax (IHT) net. A will that does not take into account a property may miss opportunities for IHT mitigation or, conversely, create unexpected tax exposure. Every individual is entitled to a ‘nil rate band’ for inheritance tax (IHT) purposes.  However, there are specific circumstances where an enhanced allowance is permitted specifically in relation to property – the ‘residence nil-rate band’.  When these allowances are combined an individual can pass up to £500,000 to immediate family without incurring IHT.

2- Marriage or civil partnership

Few people realise that, under English law, marriage or entering into a civil partnership automatically revokes an existing will, that is unless it was expressly stated to have been drafted “in expectation of marriage”.

If no new will is made on marriage or entering a civil partnership, an individual will die intestate, which is very unlikely to reflect their wishes, particularly where there are children from a previous relationship. Intestacy will also almost certainly increase the time and cost of administering your estate.

Marriage is therefore one of the clearest examples of a life event that should prompt an immediate review and, in most cases, a new will.

3- Having children

The arrival of children—whether birth, adoption, or blended families—is a significant moment to reconsider your will. Most obviously, you may wish to make financial provision for those children, whether outright or through trusts that control how and when funds are applied. A trust is likely to be particularly relevant while your children are young and legally unable to manage their own affairs.

Equally important is the appointment of guardians. Only a will (or a separate formal guardianship document) allows parents to nominate who should care for their children if both parents with parental responsibility die. Without a valid appointment, the family court will decide, which may lead to uncertainty or interim care arrangements at an already distressing time.

A will drafted before children are born is unlikely to deal adequately with guardianship, age‑appropriate trusts, or flexibility for future changes, and should not be left unreviewed.

4- Receiving an inheritance

Receiving an inheritance may materially affect your estate and future tax position. Once an inheritance has been received, your own will should be reviewed to ensure your now larger estate passes as intended and in a tax‑efficient manner.

It is important to note that there may be short‑term planning opportunities. Beneficiaries have up to two years from the date of death to vary an inheritance so that it is treated, for tax purposes, as if it were made by the deceased. Deeds of variation are frequently used to redirect assets to spouses, descendants or trusts, or to introduce charitable gifts, thereby mitigating tax exposure (whether now or in the future).

5- Divorce or separation

Divorce does not revoke a will, but it does change how it operates.

Until the divorce is legally concluded, your spouse is still legally treated as your spouse for inheritance purposes. They can still inherit under your existing will or the intestacy rules unless you create a new will. In addition, divorce does not automatically sever joint tenancies, meaning a former spouse could still inherit property by survivorship unless positive steps are taken.

Once the divorce is finalised, any provision in favour of a former spouse is treated as if that spouse had died before you. This includes gifts and appointments as executor or trustee. The remainder of the will continues to operate, which can lead to partial intestacy or outcomes you never contemplated.

Divorce can significantly impact your will, and it is important not to wait until the process is finalised before reviewing it.

How we can help

These life events highlight why a will is an evolving document which should constantly be kept under review. Personal circumstances, family structures and financial positions change, and your will should evolve with them to ensure it continues to reflect your true intentions.

For further help and guidance our specialist team can answer any questions you may have about making a will.