Written by Claire Thompson | Wills, Trusts, tax and Probate team | 20 November 2024

Drafting a will is a significant milestone in planning your legacy. It ensures your wishes are honoured and protects your loved ones from unnecessary stress. However, writing a will is not a one-time task. Life is unpredictable, and so are the events that can affect your estate and your intentions for it. Keeping your will up to date is as important as writing it in the first place.
Two recent UK court rulings underline the importance of having a clear, up-to-date will and highlight the potential complications when a will isn’t regularly reviewed.

A Will written on food packaging

Malcolm Chenery’s unconventional will, written on the back of frozen fish and mince pie boxes, demonstrates how flexible the law can be—but also how risky informal wills are. Chenery left his estate to Diabetes UK, including a house and other assets worth £180,000. His will, handwritten across two pieces of cardboard, was challenged because the two pages were separate and only one was properly signed and witnessed.

The High Court ruled in favour of admitting this unusual will to probate, determining that it met the requirements of the Wills Act 1837: it was in writing, expressed his clear intention, and was signed and witnessed (at least partially). This decision ensured Chenery’s wishes were honoured, but not without legal hurdles that could have been avoided with a more conventional Will.

We’d strongly recommend you have your Will reviewed often. Click the button below to find out how we can help.

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A torn-up Will on a deathbed

In another recent case, a woman destroyed her will on her deathbed, aiming to revoke it and redirect her estate. The court upheld her actions, demonstrating that even late changes can carry legal weight. However, such actions leave room for disputes, especially if they contradict previous arrangements.

Both cases above show that while the law strives to respect the deceased’s intentions, the process becomes much smoother—and less contentious—when a valid, regularly updated will is in place

When to review your Will

Life is constantly changing, and your will must reflect changes in your circumstances. Here are some key moments when reviewing your will is crucial:

Marriage or Divorce
In England and Wales, marriage automatically revokes a will unless it explicitly states otherwise. Divorce, on the other hand, doesn’t invalidate a will but if your ex-spouse is named in the Will the law will treat them as though they died on the day that the divorce was finalised, however, divorce often requires revisions to reflect your new priorities.
The Birth of Children or Grandchildren
Welcoming new family members is a moment to reassess your estate plan. You may need to include provisions for guardianship, education funds, or financial gifts to ensure their future security.
Significant Financial Changes
A sudden inheritance, a major purchase (such as property), or substantial debts can impact how your estate is divided. Your will should align with your current financial situation. You should also review your Will if you make a substantial gift to one of your beneficiaries as you may wish for this to be reflected in how your estate is divided to ensure everyone is treated fairly.
Loss of a Beneficiary or Executor
If someone named in your will passes away, becomes incapacitated, or is otherwise unsuitable to fulfil their role, updates may be necessary to avoid complications.
Changes in Relationships
Relationships evolve, and so do your feelings toward the people in your life. Revisit your will to ensure it accurately reflects your current relationships and priorities.
Legal or Tax Changes
Shifts in inheritance tax laws or estate planning regulations could affect how your assets are distributed. Staying informed and updating your will ensures your plans are tax-efficient and legally sound.

Why regular reviews are vital

Failing to update your will can result in unintended consequences. Without revisions, your estate might be distributed in ways that don’t reflect your current wishes, or disputes might arise among family members. Even well-meaning changes—like scribbling notes on an existing will or writing one on the back of a food box—can complicate matters for your loved ones.

Moreover, an outdated will might inadvertently exclude new family members, misallocate assets, or create tax inefficiencies. Regular reviews, ideally every three to five years or after major life events, are essential to avoid these pitfalls.

The takeaway from these legal cases is clear: a will isn’t something you create and forget. Life changes, and so should your estate plan. While the courts may try to honour your intentions, relying on informal or outdated wills can lead to unnecessary legal battles and stress for those you leave behind.

Regular reviews ensure your will remains valid, relevant, and legally robust. It’s not just about protecting your assets—it’s about protecting your legacy and the people you care about most.

We’re there when you need us

We really would strongly recommend that you get your Will reviewed, and changed if needs be. Please, give us a call or email us and talk to us immediately - don’t put this off. It’s too important to keep leaving it. You’ll be able to speak to our lawyers immediately, and they can run through your options, answer any questions that you may have, and we can get you booked in to go through your Will. Please call us on 01752 827067 or email us at wills@nash.co.uk. We look forward to hearing from you.

Why your Will isn’t “one and done”