Wills FAQ

If you marry or enter into a Civil Partnership after the date of your Will then the Will is automatically cancelled.  A new Will should be made.  This does not apply if your original Will states that it is made in contemplation of marriage or civil partnership.

This does not cancel your Will but any appointment of the former spouse or civil partner as an Executor or Trustee becomes void.  Any form of gift in the Will to the former spouse or civil partner lapses.  This may leave you without an Executor or may leave part of your Estate undisposed of, or both.  In certain circumstances the result can be not what you expected or not what you required.

If you wish to alter your Will after it has been signed then this should only be done by Codicil or a new Will.  No documents should ever be clipped or pinned to your Will.  In the event of any name, address or other detail in your Will requiring amendment professional advice should always be obtained.

This does not affect the validity of your Will but you should take advice.  You may need to make a short Codicil appointing another Executor.  You will however may already have provision in place (a substitute executor) in the event that your executor passes away before you.

Either the gift that you have left to that beneficiary will fail or it may mean that part of your estate needs to be distributed as if you had not made a Will.  This could result in someone benefiting against your wishes.  In some cases substitute beneficiaries may have already been named. It is important that you seek advice and update your will if necessary.

There is a default rule set out in legislation that states that if your child dies in your lifetime but has children of their own, those children will receive their parents share, in equal shares, by way of substitution.

If this is not your wishes it is important that your Will is drafted to take out this default position and is drafted in accordance with your instructions.

We would recommend that you review your will at each significant circumstance in your life time such as a death; birth; or change in relationship and least every 5 years (even if nothing has changed it is important to ensure your will still meet your wishes).

A change in circumstances (particularly financial) might affect the content of your Will.

A significant variation in the value of your estate might give rise to the need for advice about Inheritance Tax.

Your Will may need to be altered as a tax planning document.

We recommend that you obtain professional advice to seek if any action is necessary.

A change of address will not invalidate your will and you will not need to update your Will formally.  However it would be useful to advise the company holding your original will to ensure that their database is up to date.

Yes.  It is ok to have the same people named as both beneficiaries and Executors, but sometimes, depending on your circumstances it is not advisable e.g. complex estates; conflict of interest; the beneficiaries don’t all get on.  If you are not sure if your executors are suitable you should seek professional advice.

No. Funeral wishes are simply wishes and it is the role of the executor to organise your funeral as they see fit.  Including wishes in your Will however is very important as these can often be difficult conversations and the majority of the time the executors you have chosen will use their best endeavours to carry out your wishes.

You could consider taking out a pre-paid funeral plan if you have specific requests that you want followed through.