Firstly, congratulations on making a Will in the first place. You are one of only one-third of the adult population to have a Will in place. Reviewing your Will is as important as making a Will to check that it still accurately reflects your current wishes and circumstances. Life events, changes in financial status, and shifts in relationships can all impact the effectiveness of your will. Here are some key instances when you might need to review your will:
Major Life Events: Significant life events such as marriage, divorce, the birth or adoption of children, or the death of a beneficiary, executor, or guardian should prompt a review of your Will. These events can necessitate updates to ensure that your intentions align with your new circumstances.
Financial Changes: A substantial change in your financial situation, such as a significant increase or decrease in assets, the acquisition of new property, or changes in investments, might warrant a review of your Will. Ensuring that your assets are distributed appropriately becomes crucial as your financial landscape shifts.
Relocation: If you move to a different country or jurisdiction, it's essential to review your Will to make sure it conforms to the legal and tax regulations of your new location. Laws related to Wills and inheritance can vary widely between regions and countries.
Changes in Relationships: If your relationship with beneficiaries, executors, or guardians has evolved, you may want to update your Will to reflect these changes. This could include reconciliations, falling outs, or simply the passage of time affecting the dynamics between individuals.
Change in Health: If your health status changes significantly, you might want to consider how this could impact your estate planning. This could involve updating your medical directives or providing for special care for yourself or your dependents.
Beneficiary Circumstances: If beneficiaries experience changes in their circumstances, such as disabilities, financial hardships, or changing life goals, you might want to revise your Will to ensure their needs are met appropriately.
Legal and Tax Changes: Changes in laws related to Wills, taxes, or estate planning could affect the validity or efficiency of your current Will. Regularly reviewing your Will helps you stay informed about any regulatory changes that might impact your estate.
Executor or Trustee Changes: If your chosen executor, trustee, or guardian is no longer able or willing to fulfill their role, you'll need to designate replacements and update your Will accordingly.
Passage of Time: Even without major life events, it's a good practice to review your Will every few years. Over time, your priorities, intentions, and circumstances may evolve, making updates necessary.
Updates in Your Wishes: Your personal values and wishes might change over time. Reviewing your Will allows you to make sure your estate plan accurately reflects your current desires.
Can I update my Will myself?
It can be tempting to make changes to your Will without seeking legal advice, particularly where you only want a small amendment. However, the recent case of Ingram v Abraham (as executor of the estate of Jo Louise Abraham (Deceased)) and another [2023] EWHC 1982 (Ch) has highlighted the dangers of doing so.
Joanne Abraham (‘Jo’) died in February 2021, leaving two adult children, Henrietta and Tom, (‘the Claimants’) and two siblings – her brothers, Simon and Nicholas. Jo was first diagnosed with cancer in 2000 and again in 2017.
Jo signed her first Will in 2008, splitting her assets equally between her two children. She updated this in 2019, signing a second Will which had been drafted by Simon. Under the Will he inherited the whole of her residuary estate, with the only other gift being her book collection to Nicholas. There was no dispute around the validity of the Will, which was signed and witnessed at home, and it was agreed that the signature was Jo’s.
THE CLAIM The Claimants brought the claim on the basis of their mother’s lack of knowledge and approval of the contents of the Will. Evidence showed that Jo had a long-held intention to leave everything for the benefit of her children. At a family gathering three weeks before the new Will was prepared, Jo had repeated this intention. She had also mentioned Simon sharing her assets fairly between her children after she died.
In his defence, Simon said Jo had called him when he was driving one day and explained what she would like in the new Will. He downloaded a template from the internet and prepared the Will. He emailed and posted a copy to Jo. Simon also claims that he telephoned Jo after drafting the Will, but this was strongly disputed by the Claimants. He said on the day of signing, Jo read the Will and had it read to her. He argued that this was simply a case of Jo changing her mind, alleging that she had found Henrietta ungrateful when gifting her money during her lifetime and had an argument with Tom over Christmas 2018, which had caused her to re-think her wishes.
THE JUDGMENT The court found in favour of the Claimants, believing Jo had intended to leave everything to her children. It was decided that on balance she had probably believed she was appointing Simon as her executor and that he would receive her estate for the purpose of his then distributing it to her children in accordance with her stated wishes. It was the court’s view that she did not understand that she was actually leaving her assets to Simon for his own benefit. As a result, the 2008 Will was to be submitted to probate.
In his Judgment, His Honour Judge Berkley stated that a lack of involvement from lawyers contributed to the dispute. He observed that had lawyers been involved, they would have recognised Jo’s intentions and accurately expressed these by setting up a trust in favour of her children, with Simon appointed to act as Trustee. The absence of legal knowledge contributed to the misunderstandings and confusion that resulted in the claim.
Proceed with Caution
As can be seen here, the advice was to seek professional advice and had they have done so, it would have avoided a family dispute, the stress and upset of litigation as well as saving thousands of pounds in legal fees, let alone the time it will have taken.
Just as there are strict requirements at the time of making your Will to ensure that it is valid, the same applies to amendments and updates. Hand written amendments on an original Will are invalid, unless the whole Will is re-executed with all the formalities of the original will-signing. If your writing is unclear or it cannot be proven that you made the changes before execution, they will be invalid and the original wording will stand – which may not be what you want.
Please take legal advice before making any changes to your Will, no matter how small the change may be.
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