Is My Current Will Still Valid?

It’s a question many people don’t think to ask.

You may already have a Will in place, ticked it off your list, and assumed everything is sorted. But the reality is that a Will is not something you write once and forget about.

Over time, your circumstances change and your Will needs to keep up.

So, how do you know if your current Will is still valid?

What makes a Will legally valid?

In England and Wales, for a Will to be valid it must:

• Be made by someone aged 18 or over

• Be made voluntarily, without pressure

• Be made by someone with mental capacity

• Be in writing

• Be signed and witnessed correctly by two independent witnesses

If these requirements were met when your Will was created, it is likely to be legally valid.

However, that does not always mean it still does what you need it to do.

When can a Will become invalid or ineffective?

There are certain life events that can have a significant impact on your Will.

Marriage
One of the most important and often overlooked points. Getting married will usually revoke your existing Will unless it was made in contemplation of that marriage.

Divorce
Divorce does not invalidate your Will, but it does treat your former spouse as though they are no longer part of it. This can create unintended gaps or complications.

Major life changes
Your Will may no longer reflect your wishes if you have:

• Had children or grandchildren

• Bought or sold property

• Started or sold a business

• Built up savings or investments

The biggest risk: an outdated Will

Even if your Will is still legally valid, it may be out of date.

This can lead to:

• The wrong people inheriting

• Executors who are no longer suitable

• Missed opportunities to reduce inheritance tax

• Added stress and complexity for your family

In some cases, it can cause just as many problems as not having a Will at all.

When should you review your Will?

As a general rule, you should review your Will every 3 to 5 years.

You should also review it sooner if there has been a significant change in your life or finances.

A review does not always mean starting again. Sometimes a simple update is all that is needed.

A simple check today can avoid problems tomorrow

Your Will should give you peace of mind, not uncertainty.

If you are unsure whether your current Will is still valid or still right for your circumstances, it is worth having it reviewed by a professional.

At SLS Wills and More, we are always happy to take a look and give you clear, straightforward advice on whether anything needs updating.

If you would like us to review your Will, get in touch today for a friendly, no-obligation chat.