You are entitled to change your Will at any time and, if your personal circumstances have altered, then we would advise that you should give serious thought to doing so.
A Will can be changed in one of three ways:
1By writing a new Will
Writing a new Will usually has the effect of ending the previous Will as it is likely to contain a statement at the outset revoking any previously made Wills.
2By signing a document called a Codicil
Like a Will, a codicil must be made and signed in a particular way – you will find details elsewhere on the YourWill web site
3By operation of law
This could arise, for example, where after making a Will you get married or enter into a civil partnership – unless the Will you made specifically provides to the contrary.
Once you have made your Will you cannot makes changes to it simply by altering the words in the Will – even if you sign those changes individually.
If the changes you want to make are relatively minor – for example changing the name of a beneficiary or executor or adding an extra small gift – then you can do this with a document called a Codicil. You can make a Codicil quickly, simply and cheaply using the YourWill online service – just click on the “Start your Codicil” button to the right of this page and follow the instructions. Alternatively, you can contact us and we will draft the Codicil for you.
Note that you do not need to change your Will if the change in circumstances is minor – for example the address of a beneficiary has changed and they can still be identified from the description of them in the Will.
If the changes which need to be made are major, or would require a detailed Codicil, then you would be wise to consider remaking your Will. This will save any future misunderstandings as to your intentions and will also mean that when you die and the contents of your Will becomes public knowledge, there is no potential for embarrassment where, for example, you have removed someone from the Will or cancelled a gift to someone.
Make sure, however, that any previous Wills are revoked by the new Will and that you include in the new Will any provisions which you wish to carry over from the old Will.
For more information about creating a new Will on line, please go to the Online Wills page or, if you would prefer us to prepare the Will for you, then contact us on 084 4804 4800 or complete the Call Back request form to the right of this page and we will phone you.
Having made a Will it is important that you keep the Will up to date and that it continues to reflect your current circumstances – especially if you have married, entered into a civil partnership, started to cohabit with someone, divorced or separated. You would be well advised to check your Will every two to three years to make sure it is still up to date and continues to reflect your wishes.
A Will can be cancelled either by the making of a new Will, by the operation of law – for example where you get married or enter into a civil partnership – or by the simple act of tearing it up or otherwise destroying it.
Clearly the purpose of a Will is to express your wishes at the time of your death – so you may think it would be a little difficult for you to change it after you have died.
However, the beneficiaries under your Will can agree to make what is called a Deed of Variation within two years of the date of a person’s death altering the terms under that person’s Will.
A deed of Variation can be prepared using the YourWill web site and further details will be found in the separate section dealing with Deeds of Variation.
For more information about Changing your Will see the Changing Your Will Factsheet or download the factsheet as a pdf file by clicking on the image below
