There are various reasons why you should update your Will, especially if you want a choice over who inherits from your estate. Disinheritance is a common issue especially in blended families or after a major life change. When people have remarried, children from past relationships can be prevented from receiving inheritance from a parent. We explore the importance of making sure your Will is always kept up to date and is legally valid.
Does everyone need a Will?
Firstly, it’s important to have a Will, even if you are single without any children or surviving family. Otherwise, the rules of intestacy will apply when you die. In this instance, your estate (money, possessions and property) would go to your closest living relatives. This could be distant relations whom you’ve never known or met. By making a Will, your estate could go to a cherished friend or to raise funds for your favourite charitable cause instead.
It’s also important to make sure your Will is legally binding. There must not be any errors that could invalidate it, which is why it’s important to use a solicitor to write your Will. English law states that you need two witnesses over the age of 18 to sign your Will to make it legally binding. The original Will should be kept somewhere safe, and a copy should be stored in a secure location with your solicitor.
How to avoid disinheritance issues
Disinheritance can occur when a Will has not been updated after a major life change. You should always update your Will after a relationship breakdown, marriage, the birth of a child or a house move. If you’re unmarried but have named a long-term partner in your Will and you have recently split up, always change your Will. Otherwise, your ex-partner could stand to inherit from you if you died without an up-to-date Will.
Below are three real-life examples of what can happen when a Will has not been updated:
Second marriages – A couple made Wills leaving everything to each other, and then equally to their children. However, the wife died, and then the husband remarried. Unfortunately, he mistakenly thought that when he died that his original Will would still stand, but this was not the case. Marriage automatically revokes a Will, so his second wife inherited his entire estate, while his children received nothing.
Relationship breakdown – Our client made a Will 10 years before their death. Everything was left to his partner, but they had split up 2 years before he died. He had also named an Executor, who did not want to carry out such duties because they had fallen out. As a result, the ex-partner became both the Executor and sole beneficiary of the Will, which the deceased would not have wanted.
Estranged family members - Another one of our clients was unmarried and had been with her partner for 20 years. The partner died without a Will, and everything was in his sole name. As a result, the estate went to his two estranged children, who he’d not seen for over 10 years. In the end, the surviving partner had to make a claim against the estate. If you're unmarried or not in a civil partnership, an up-to-date Will is essential if you want your partner to inherit from your estate.
Update your Will after every major life change
An up-to-date, clear and well-drafted Will is the only way to avoid disinheritance issues.
You should change your Will after getting married or entering a civil partnership, as well as getting divorced or dissolving a civil partnership. It’s also vital that you update your Will after having children and moving house.
If you have separated from your spouse or civil partner, then it’s essential to update your Will as soon as possible. Otherwise, should the worst happen, your estate could be inherited by your ex-partner if you died before a divorce or dissolution has happened.
Can you update your Will?
It’s important not to alter your Will yourself! Never deface your Will as this is a legal document. We have seen many instances where original Wills have been defaced with writing, paperclips, staples, etc. When you apply for a Grant of Probate, the Court will check the Will to see if anything is attached, including staples, paperclips and any associated marks. If they see any attempt to alter or deface the Will, they may deem it invalid.
You cannot cross someone out on your original Will; a duly signed and witnessed codicil is required. If you need to change any aspect of your Will, please speak to our solicitors.
Get professional Will advice
At Salusbury, Harding & Barlow, we have an experienced and specialist Wills, Trusts and Probate team to help you make and update your Will. Our caring and sympathetic solicitors will ensure those you wish to inherit from you do so and that your Will is legally binding.
If you need to update or change your Will, please get in touch or email: lbacon@shbsolicitors.co.uk to arrange a face-to-face or telephone appointment.
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