Changing a Will - When does a will need to be changed and how can a will be changed?

Contents

When would a will need to be changed?

Marriage / Civil Partnership
Divorce
Birth of a child

Changing a will with a codicil
Making a new will
Destroying an old will
Changing a will after death

It is important to review your will when a major life event occurs such as a marriage, a divorce, a separation, the birth of a child, the death of a relative or a change in your financial situation. These events may not only have an impact on the wishes you have for the division of your estate but will often have an effect on the validity of your current will.

When you marry, any will that you may have made previously is automatically revoked. The only exception to this is if the previous will contains explicit instructions that a marriage is about to be entered into and it is made clear that you intend for the will to remain valid after marriage.

Since the introduction of the Civil Partnership Act in December 2004 members of a Civil Partnership are to be treated in the same way as married couples. When a civil partnership is registered, any will that either partner has previously made will be automatically revoked.

If you get divorced your will does not become invalid. What will happen is that any gift made in your will to your former spouse takes effect as if they had died on the date your divorce was completed. This usually means the gift falls back into residue for the benefit of the residuary beneficiaries. If your will left everything to your spouse, then it will be as if you died intestate (leaving no valid will). Also if in your will you had appointed your spouse as an executor or trustee, the will still takes effect as if they had died on the date the decree became absolute. For these reasons it is always best to make a new will as soon as possible after your divorce.

If you have a child after having written your will, they may not automatically become a beneficiary even if you have named your other children as beneficiaries. Therefore in order to ensure that your wishes are carried out, you should update your will when events such as these occur.

For a will to remain legally valid, any changes must not be done by amending the original will after it has been signed and witnessed. Any alterations made to the original will are assumed to have been made at a later date and so do not form part of the original legally valid will.

Changing a Will with a Codicil

A codicil is a supplement to an existing will which makes some alterations but leaves the rest of it intact. This might be done, for example, to increase a cash legacy, change a guardian or executor named in a will, or to add another beneficiary.

A codicil must be signed by the person who originally made the will. It must also be witnessed, however the witnesses do not have to be the same as for the original will. There is no limit on how many codicils can be added to a will, but they should only be used for very simple and straightforward changes. If a more complex change is needed it is best to make a completely new will.

Making a New Will

If you need to make major changes to a will, it is best to make a new one. The new will will begin with a clause stating that it revokes all previous wills and codicils. The old will should always be destroyed to avoid any confusion.

Destroying a Will

If you have made a will and for any reasons you wish to change it then it is important that all previous wills are destroyed so that when the time comes there will be no confusion as to which will is the legally valid one.

Whilst it is sometimes easy to forget to destroy an old will it is important that you remember as failure to do so can lead to problems after you or a loved one has gone. This is especially the case if certain provisions have been made in a previous will which have since been changed in a newer one. For this reason the disposal of all old wills is vitally important.

If you have had your solicitor draw up a will on your behalf then they are likely to be in possession of a copy of it. If this is the case then you should speak to them regarding the destruction of the previous will. Your solicitor will normally ask if you wish for them to destroy it or if you wish to do it yourself. Whilst this is your own decision it is sometimes best to collect all of the copies of your wills and then destroy them yourself to make sure there will be no confusion over old copies when you have gone.

To destroy a will, you must burn it, tear it up or destroy it in a way that makes it obvious that its destruction was not unintentional. There is a risk that if a copy subsequently reappears or pieces of the will are reassembled, it might be considered that the destruction was accidental. If it is proven that a will has been accidentally destroyed, it could be considered legally valid.

Once the old will is destroyed, the new will should contain a clause revoking all previous wills and codicils. Revoking a will means that the will is no longer valid in law.

It is sometimes beneficial for beneficiaries to change a Will for tax purposes after the deceased's death. This can be done through a Deed of Variation but must take place within two years of the deceased's death and all beneficiaries must agree to the Deed of Variation.

The beneficiaries should be certain that they want to redirect their inheritances as once they have done so, they will not be able to get them back. Children under the age of 18 cannot consent to a Deed of Variation but an application can be made to the courts for consent to be obtained on their behalf.

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	Changing a Will Contents When would a will need to be changed? Marriage / Civil Partnership Divorce Birth of a child How can a will be changed? Changing a will with a codicil Making a new will Destroying an old will Changing a will after death When would a will need to be changed? It is important to review your will when a major life event occurs such as a marriage, a divorce, a separation, the birth of a child, the death of a relative or a change in your financial situation. These events may not only have an impact on the wishes you have for the division of your estate but will often have an effect on the validity of your current will. Marriage / Civil Partnership When you marry, any will that you may have made previously is automatically revoked. The only exception to this is if the previous will contains explicit instructions that a marriage is about to be entered into and it is made clear that you intend for the will to remain valid after marriage. Since the introduction of the Civil Partnership Act in December 2004 members of a Civil Partnership are to be treated in the same way as married couples. When a civil partnership is registered, any will that either partner has previously made will be automatically revoked. Divorce If you get divorced your will does not become invalid. What will happen is that any gift made in your will to your former spouse takes effect as if they had died on the date your divorce was completed. This usually means the gift falls back into residue for the benefit of the residuary beneficiaries. If your will left everything to your spouse, then it will be as if you died intestate (leaving no valid will). Also if in your will you had appointed your spouse as an executor or trustee, the will still takes effect as if they had died on the date the decree became absolute. For these reasons it is always best to make a new will as soon as possible after your divorce. Birth of a Child If you have a child after having written your will, they may not automatically become a beneficiary even if you have named your other children as beneficiaries. Therefore in order to ensure that your wishes are carried out, you should update your will when events such as these occur. How can a will be changed? For a will to remain legally valid, any changes must not be done by amending the original will after it has been signed and witnessed. Any alterations made to the original will are assumed to have been made at a later date and so do not form part of the original legally valid will. The only way a last will and testament can be legally changed is by: making a codicil to the existing will making an entirely new will Changing a Will with a Codicil A codicil is a supplement to an existing will which makes some alterations but leaves the rest of it intact. This might be done, for example, to increase a cash legacy, change a guardian or executor named in a will, or to add another beneficiary. A codicil must be signed by the person who originally made the will. It must also be witnessed, however the witnesses do not have to be the same as for the original will. There is no limit on how many codicils can be added to a will, but they should only be used for very simple and straightforward changes. If a more complex change is needed it is best to make a completely new will. Making a New Will If you need to make major changes to a will, it is best to make a new one. The new will will begin with a clause stating that it revokes all previous wills and codicils. The old will should always be destroyed to avoid any confusion. Destroying a Will If you have made a will and for any reasons you wish to change it then it is important that all previous wills are destroyed so that when the time comes there will be no confusion as to which will is the legally valid one. Whilst it is sometimes easy to forget to destroy an old will it is important that you remember as failure to do so can lead to problems after you or a loved one has gone. This is especially the case if certain provisions have been made in a previous will which have since been changed in a newer one. For this reason the disposal of all old wills is vitally important. If you have had your solicitor draw up a will on your behalf then they are likely to be in possession of a copy of it. If this is the case then you should speak to them regarding the destruction of the previous will. Your solicitor will normally ask if you wish for them to destroy it or if you wish to do it yourself. Whilst this is your own decision it is sometimes best to collect all of the copies of your wills and then destroy them yourself to make sure there will be no confusion over old copies when you have gone. To destroy a will, you must burn it, tear it up or destroy it in a way that makes it obvious that its destruction was not unintentional. There is a risk that if a copy subsequently reappears or pieces of the will are reassembled, it might be considered that the destruction was accidental. If it is proven that a will has been accidentally destroyed, it could be considered legally valid. Once the old will is destroyed, the new will should contain a clause revoking all previous wills and codicils. Revoking a will means that the will is no longer valid in law. Changing a will after death It is sometimes beneficial for beneficiaries to change a Will for tax purposes after the deceased's death. This can be done through a Deed of Variation but must take place within two years of the deceased's death and all beneficiaries must agree to the Deed of Variation. The most common reasons for changing a will after death are: To reduce the amount of Inheritance Tax payable. To provide for a person who has been omitted from a Will or who has not been adequately provided for in a Will (such as new grandchildren). To redirect a property held in a joint tenancy which would otherwise pass to the surviving joint tenant. To resolve any uncertainties or defects in the Will. The beneficiaries should be certain that they want to redirect their inheritances as once they have done so, they will not be able to get them back. Children under the age of 18 cannot consent to a Deed of Variation but an application can be made to the courts for consent to be obtained on their behalf.


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