When was the last time you reviewed your will? If it’s been a while or your circumstances have changed, November is the ideal time to take another look at it. This month marks Will Aid month, aiming to encourage more people to consider their financial affairs and do good for charity.
Will Aid is a partnership between the legal profession and nine UK charities:
- Action Aid
- Age UK
- British Red Cross
- Christian Aid
- NSPCC
- Save the Children
- SCIAF
- Sightsavers
- Trócaire
Throughout November, participating solicitors waive their fee for writing a basic will. Instead, clients are encouraged to make a voluntary donation, so your money goes towards helping the above charities. The recommended donation is £100 for a single basic will and £180 for a basic pair of mirror wills. More than £1 million has been raised through Will Aid.
A will is the only way to ensure your wishes are carried out when you die. Despite this, an alarming number of people put off even writing a will. Research from Will Aid found 53% of adults have not prepared a will. Further statistics highlight that it’s not just about passing on your estate. 52% of parents with children under 18 have not assigned legal guardians for them by having a will in place.
Even if you have already written a will, it’s important to review it regularly. Here are five reasons why you may need to review your will now.
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Your wishes have changed
Quite simply, what you want may have changed. This may be due to a variety of factors and it’s important to review your will in light of this. Your will is the only way to make sure your wishes are carried out and your estate is distributed how you want.
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You have married or divorced
Your relationship status may have an impact on your will.
Getting married automatically revokes any existing will. Under intestacy rules, which apply if there is no valid will, your husband, wife or civil partner will usually inherit your entire estate. Whilst this may align with what you want, it isn’t always the case. If you have children from a previous relationship, for example, you may want either the entire or a portion of your estate to go to them.
Divorce doesn’t revoke your will but it does affect intestacy rules, as well as how you want your estate to be distributed. Following a divorce, it’s a good idea to review who will inherit your estate and how this aligns with your wishes.
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You have welcomed new children or grandchildren
Children and grandchildren are often the focus of a will. When you welcome new arrivals, it’s a good reason to adjust your will to ensure they’re included. If you name children and grandchildren in your will, it is possible to make similar provisions for future family members. However, even if you have done this it’s a good idea to check everything is in order. You may also want to update your will to include stepchildren or grandchildren.
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Your financial situation has changed
Over time, your circumstances will change. It may mean you have more or less to leave behind for your beneficiaries. As a result, how you can distribute your assets effectively may also have changed. For example, if you’ve named certain assets to go to a child, you will want to update your will to rebalance it if the value of the asset has significantly risen or fallen.
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To reflect changes in tax regulation
Tax regulations can change, and it may mean your estate is liable for Inheritance Tax (IHT). This would mean a portion of your estate goes to the taxman rather than your loved ones. If your estate may be liable for IHT, there are often things you can do to reduce the eventual bill, some of which will rely on your will. If you’re worried about IHT, please get in touch with us.
What to do if you will needs updating
If your will does need updating, you shouldn’t alter the original document. You have two options:
- Write a new will: The first option is to start afresh. This may be the best option if you have significant changes to make to your existing will. Your new will should clearly state that it revokes all old wills. You should also destroy copies of your old will to avoid confusion.
- Using a codicil: If just small adjustments need to be made, a codicil may be suitable. This is a separate document used to update your will and should be stored with it. A codicil will need to be signed and witnessed to be valid. There aren’t restrictions on what can be changed in a codicil, but larger changes can make organising your estate complex.
Your will should be an essential part of your financial and estate plan. If you’d like to talk about the wealth and assets you’ll leave behind for loved ones and how to distribute them, please get in touch.
Please note: The Financial Conduct Authority does not regulate Will Writing, Tax and Estate Planning.
