When should I write or review a Will?

Writing or updating your Will ensures that your estate is distributed according to your wishes. Whether you're facing life changes such as marriage, divorce, illness, or simply reviewing your legacy plans, understanding when to act is essential. This guide outlines when and why you should review your Will and how our expert Wills and Probate solicitors at Smith Partnership can help.

Why Writing a Will is Important?

Preparing a Will is important as it indicates your wishes as to how you would like your estate to be distributed after death. Similarly, reviewing an existing Will is important to ensure it still reflects your wishes, circumstances and any changes in law.

You may not have warning that a Will is needed, such as an accident, heart attack, or age-related conditions such as Alzheimer’s dementia, it might then be too late to put one in place. It is best to be prepared for any situation and provide certainty on how your estate is distributed. 

Key Life Events That Will Trigger a Will Update

Reason to make or review:

1. Age: You can prepare a Will from 18 years old even if you only have £1 in your bank account. You may pass without warning and therefore without a Will. Ensure you prepare one as soon as possible regardless of your age. 
2. Health: You may have had a recent health diagnosis and want to ensure that your family are protected should anything happen to you.
3. New house: You may have just purchased a new property and have something that you would like to ensure is left to loved ones or provides provisions for them to reside. We can confirm whether it would be best to own this as tenants in common or joint tenants. 
4. Getting married: Marriage revokes a Will, ensure that if you are planning on getting married, include a clause in your Will to stop any revocation. Or if you have got married, review your Will and prepare a new one to reflect your updated circumstances, it may be useful if you have children from previous relationships you’d want to ensure are protected.
5. Separation or divorce: Unless your divorce is finalised, your spouse is still entitled to inherit from your estate if there is no Will or if they are written into your existing one. Preparing a Will would ensure your estate passes as per your intentions and not to a soon to be ex-spouse.
6. Change in relationships: Even if you are not getting a divorce but you have had a relationship breakdown with family or friends, it would be wise to review your Will or prepare one to ensure someone is not benefiting from the estate who you would not want to benefit.
7. People within your current Will have predeceased you: You need to ensure there are enough provisions to avoid your estate falling into intestacy.

Preparing a Will, leaves you with peace of mind that your wishes will be followed and ensures that loved ones are taken care of. 

What Should I Include in My Will?

• Executors: who will distribute your estate, these can be your partners/spouses, friends, family or professionals. 
• Funeral wishes: if you have preferred funeral directions, we can ensure they are clearly expressed.
• Guardians: who would you want to have parental responsibility of your children? This is very important for any children under the age of 18 years old. 
• Specific gifts/ Cash gifts: if you would like to leave any personal possessions to family or friends. Alternately if you would like to leave money to family or friends.
• Residue: who would you like to receive your estate. There are options to put this into Trust depending on your circumstances and your wishes.
• Replacement residue: replacement beneficiaries, should the people you initially chose to leave your estate to predecease you, having a ‘long stop’ clause ensures that your estate will not fall into intestacy.

How can we help?

Need help writing or updating your will? At Smith Partnership in Leicester, our team offer a comprehensive range of services to guide you through all aspects of wills and probate.

Get in touch with our specialist private client solicitors today. Contact our team by telephone on 0116 247 2000, complete our contact form, or send us an email via info@smithpartnership.co.uk. 

We also have offices across the midlands with expert private client solicitors, in Burton, Derby, Stoke-On-Trent and Swadlincote.