Your will is a document that should evolve with your life. However, there is a right way and a wrong way to make changes.
Discover everything you need to know about changing your will:
A frequent question we hear is, “Can I change my will after it’s been signed?” The short answer is yes – absolutely.
As long as you still have mental capacity, you can update or amend your will at any time. In fact, we actively encourage people to review their wills regularly. Life changes, relationships change, the law changes, and so your will needs to as well.
We often remind clients that a will isn’t something you write once and forget about. It’s a document that should evolve with your life. However, there is a right way and a wrong way to make changes. I’ll cover those options in today’s article.
If you want to change your will, there are two legally correct ways to do it.
In most cases, the simplest and safest solution is to create a new will that replaces the old one. Your new will simply states that it revokes all previous wills, and it becomes the legally valid document moving forward. We often recommend this approach because it avoids confusion, keeps everything in one clear document, reduces the chances of mistakes, and makes things easier for executors later on.
If several changes have happened in your life, writing a new will is almost always the cleanest and easiest solution.
A second option is to add a codicil, a formal legal amendment to your existing will. It allows you to make small adjustments without rewriting the whole document. For example, you might use a codicil if you want to change an executor, add a small gift to someone, or update a specific instruction.
However, a codicil must still be signed and witnessed properly, just like the original will. If it isn’t done correctly, it may not be valid. We usually recommend professional advice before using one.
One of the biggest risks we see is when people try to change their will themselves in informal ways. It might seem simple at the time, but it can cause serious problems later.
For example, you should never:
It may sound obvious, but we see this surprisingly often. The problem is that these kinds of changes can invalidate parts of the will or create confusion during probate. Executors may struggle to prove what the person actually intended.
When that happens, the estate can become partially intestate, meaning the government’s rules decide where some assets go instead of your will. If you want to make changes, it’s always safer to do it properly and formally.
Even if you’re happy with your will, it’s a good time to review it regularly. As a general rule, we suggest reviewing your will every 5 years, even if nothing major has changed. This helps ensure it still reflects your wishes and any updates in legislation.
However, certain life events should trigger an immediate review, such as:
For example, if you’ve recently had children, your will may need to include guardianship provisions. If you’ve moved house or bought property, your asset structure may have changed.
Another common concern people raise is whether someone else could alter their will without their permission. However, this cannot be done. Only the person making the will, known legally as the testator, can change it. The testator can only change it while they are alive and mentally capable of making decisions.
No family member, executor, or beneficiary can amend your will on your behalf. Once someone passes away, the will becomes a fixed legal document. At that point, it cannot be changed, it can only be administered. This is why keeping it up to date during your lifetime is so important.
Your will should reflect your life, and we all know that life changes. The good news is that you can change your will after it’s made, and you should do so whenever you need to. The key is simply making sure the change is done properly so the document remains legally valid.
At Heritage Estate Planning, we always encourage clients to think of their will as a living document – something that should be reviewed periodically and updated when circumstances change. Taking the time to do that now can prevent confusion, disputes, and unnecessary stress for your loved ones later.
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