This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide explaining how to change or update a will in England and Wales, detailing codicils and new wills, formal requirements, when updates are needed, practical risks and legal considerations for clear, enforceable estate planning.
A will is a legal document that sets out how your estate should be distributed after you die. Life circumstances and legal frameworks change over time, so it is important that your will continues to reflect your intentions. This article explains how to change or update a will in England and Wales, the legal mechanisms available, when updates are needed, the formalities involved, and common practical considerations.
Why You Might Need to Update a Will
A will should remain aligned with your current life circumstances and intentions. Many authoritative sources recommend reviewing your will regularly, for example every three to five years, and especially after major life events. These include:
- Marriage or civil partnership, which generally revokes an earlier will unless it was made in contemplation of that marriage.
- Divorce or separation, which may affect beneficiaries or executors.
- Birth or adoption of children or grandchildren, which might prompt new gifts or guardianship provisions.
- Changes in assets, such as buying or selling property, starting or selling a business, or significant changes in financial position.
- Death of a beneficiary or executor, requiring replacements.
- Shifts in relationships, personal priorities or tax planning considerations.
If your will no longer reflects your wishes, it should be updated so it remains legally effective and avoids unintended outcomes.
Options for Changing or Updating a Will
There are two main ways to update a will:
1. Using a Codicil
A codicil is a separate legal document that amends specific parts of your existing will without replacing the entire document. Codicils are suitable for minor changes, such as:
- Altering the appointment of an executor.
- Changing or adding a beneficiary.
- Updating a specific legacy (for example a cash gift or charity bequest).
- Adjusting guardianship arrangements.
A codicil must follow the same legal formalities as a will (written, signed by the testator and witnessed by two independent adults) to be valid. It should be kept with the original will so that executors can locate it when required.
Important considerations for codicils:
- Each codicil is treated as part of the original will at the time of probate.
- Multiple codicils can be added over time, but too many or conflicting codicils may cause confusion and risk legal disputes.
- Minor administrative changes are generally appropriate for codicils; larger structural changes to your estate plan may be better handled with a new will.
2. Creating a New Will
A new will replaces all earlier wills and codicils. It should include a clear revocation clause that states that all previous wills and codicils are revoked, ensuring there is no confusion about which document governs your estate. After creating a new will, you may choose to destroy older versions (for example by tearing or burning) to avoid uncertainty.
A new will is usually the safest and clearest option when there are significant changes in your circumstances or if your estate plan needs comprehensive reworking, such as major changes in assets, beneficiaries, or complex trusts. It is also preferable to avoid the potential problems that can arise with many codicils.
Legal Formalities for Updating a Will
Whether you use a codicil or draft a new will, the document must be executed properly to remain valid:
- It must be in writing.
- You must sign it personally.
- You must sign in the presence of two independent adult witnesses who then sign it themselves.
- Witnesses must not be beneficiaries or spouses/civil partners of beneficiaries on the updated will or codicil.
Failure to comply with these formal requirements may render the update invalid, potentially leading to disputes or the estate being administered under earlier documents or intestacy rules.
When to Review or Update a Will
There is no legal obligation to update a will at specific intervals, but regular review is strongly recommended, including:
- After major life events such as marriage, divorce, births or deaths in the family.
- After significant financial changes, including inheritances, business interests or property transactions.
- If your relationships change, or if you decide to change beneficiaries or executors.
- When there are changes in the law that could affect estate planning, including tax legislation.
A regular review helps ensure your will remains effective, reduces the risk of disputes, and allows you to take advantage of current legal and tax planning opportunities.
Practical Considerations and Risks
Professional Advice
While you can prepare a codicil or new will yourself, many solicitors recommend consulting a qualified solicitor or wills specialist. They can help ensure updates comply with legal formalities, avoid drafting errors and reduce the likelihood of disputes or challenges after death. Proper advice is especially important in complex situations such as blended families, trusts or significant estates.
Documentation and Storage
Keep your updated will and any codicils in a secure location and ensure your executors know where to find them. Registering your will with a will register (such as the National Will Register) can help ensure it is located when required.
Avoiding Informal Changes
Informal notes, handwritten additions, or casual modifications to a will are not legally binding. Only formal documents executed with the correct witnessing will update your legal instructions.
Common Questions
Can I change a will without paying a solicitor?
Yes, you can update a will or add a codicil yourself, but there is a risk of making errors that could invalidate the document. Many people choose professional assistance to reduce that risk.
Does a new will automatically cancel the old one?
Yes. A properly drafted new will should contain a revocation clause that cancels all prior wills and codicils, avoiding confusion about which document applies. You may also destroy older versions to demonstrate your intention.
How often should I update my will?
There is no set legal timeline, but many sources recommend reviewing every three to five years and after major life changes. Regular review helps ensure your wishes remain current and legally effective.
Key Takeaways
Updating a will in England and Wales involves either adding a codicil for minor amendments or drafting a new will for more comprehensive changes. Both codicils and new wills must be executed with the same formal legal requirements as the original will. Regular review and updates after significant life events help ensure your estate plan remains effective and aligned with your current intentions. Seeking professional advice and careful execution reduces the risk of disputes and helps protect your beneficiaries' interests.
