Is your Will still fit for purpose?
The start of a new year is often a prompt to get things in order – reviewing finances, updating records and planning for the year ahead. One important document that is often overlooked after it’s been signed, however, is a Will.
Many people assume that once a Will is in place, the job is done and it can be forgotten about. In reality, even a well-drafted Will can cause significant difficulty if it is outdated, unclear, or cannot be located when it is needed.
We recently dealt with a matter involving a lost Will. While this is not something people tend to think about, a missing Will can make the probate process far more complicated. Where the original document cannot be found, additional evidence may be required to establish its contents and validity, often involving court applications, delays, and increased legal costs for the estate. This can add stress at an already difficult time for families.
With that in mind, the New Year can be a good opportunity to carry out a simple “Wills healthcheck” to ensure everything is still in order.
A New Year Wills Healthcheck:
It may be worth considering:
- Do you know where your original Will is stored? More importantly, does anyone else, such as your executors, know where to find it?
- Is your Will stored securely?
Wills kept at home can be misplaced, damaged, or accidentally destroyed over time. - Are your chosen executors still appropriate? Are they still willing and able to take on the role if required? Have your personal circumstances changed?
Marriage, divorce, the birth of children or grandchildren, the death of a beneficiary, or changes to property or business interests can all affect how a Will operates. - Are your wishes still clear and workable?
Ambiguous wording can lead to delays, disputes, and additional costs during probate. - When was your Will last reviewed?
As a general guide, Wills should be reviewed every three to five years, or sooner if circumstances change.
When a Will is missing or unclear, solicitors may need to spend time reconstructing intentions through witness statements, correspondence, and other evidence. This process can be time-consuming and costly, and is often avoidable with proper storage and periodic review.
A Wills healthcheck does not necessarily mean rewriting your Will from scratch. In many cases, it simply involves confirming that the document still reflects your wishes, is legally effective, and is being stored safely.
Taking the time now to consider whether your Will is still fit for purpose can help ensure that, when the time comes, your affairs can be dealt with as smoothly and efficiently as possible, providing clarity and reassurance for those you leave behind.
If you would like advice on reviewing or safely storing your Will, or if you are unsure whether your current arrangements remain suitable, speaking to a solicitor can help provide peace of mind.
If you would like any more information relating to this article please contact Manal Fouad on 020 8221 8038 or at manal.fouad@bowlinglaw.co.uk
This article is not intended to provide legal advice; it is intended to provide information of general interest about current legal issues
