Planning for the future is essential, and having a Will and a Lasting Power of Attorney (LPA) ensures that your wishes are followed both during your lifetime and after your passing. However, simply having these documents in place is not enough—you must also ensure they remain up to date to reflect any changes in your circumstances, financial situation, or legal landscape.
In this guide, we’ll explore when and why you should update your Will and LPA, as well as the steps to take to ensure your estate planning remains legally valid and effective.
Why Updating Your Will & LPA is Essential
Many people create a Will or LPA and assume their job is done. However, life events such as marriage, divorce, or changes in finances can make an outdated Will or LPA ineffective—or even invalid. If these documents are not updated, it could result in family disputes, legal complications, or unintended beneficiaries receiving your assets.
💡 Need professional assistance with updating your Will or LPA? Visit our Lasting Powers of Attorney service or learn more about our Will Writing services.
When Should You Update Your Will?
Your Will should be reviewed at least every 3–5 years or whenever a major life event occurs. Here are the key moments when updating your Will is crucial:
1. Marriage or Civil Partnership
In England and Wales, marriage or entering a civil partnership automatically revokes your existing Will (unless it was made in contemplation of the marriage). If you don’t update your Will, the rules of intestacy will apply, which could leave your loved ones unprotected.
👉 Learn more about how marriage affects estate planning in our What Type of Will is Best for Married Couples?.
2. Divorce or Separation
If you divorce or legally separate, your ex-spouse will be treated as if they have died in your Will. This means:
- They won’t inherit anything (unless explicitly stated otherwise).
- Any appointments as an executor or trustee will be removed.
- The rest of your Will remains valid, which could create unintended consequences.
To avoid complications, update your Will immediately after a divorce. If you’re cohabiting but not married, it’s even more crucial to ensure your estate is protected through a Will or Trust.
3. Having Children or Grandchildren
If you welcome a new child or grandchild, updating your Will ensures they are included as beneficiaries. You may also wish to:
✔ Appoint guardians to care for minor children.
✔ Set up Trusts to manage their inheritance until they reach a responsible age.
✔ Ensure your children don’t miss out if you remarry or enter a new relationship.
💡 Need to protect your family’s inheritance? Consider a Family Probate Trust as part of your estate planning.
4. Changes in Financial Situation
Whether you inherit wealth, acquire property, or start a business, any significant financial changes should be reflected in your Will. Failing to update your estate plan could mean assets are distributed unfairly or inefficiently.
A financial update may also be the right time to consider Protective Property Trusts to safeguard your assets from care fees, remarriage, or inheritance tax issues.
5. Death of a Beneficiary or Executor
If a beneficiary or executor named in your Will passes away, you’ll need to update your Will to:
- Name a new beneficiary to inherit the deceased person’s share.
- Appoint a new executor to ensure your estate is administered correctly.
Ignoring this could create confusion and delays when your estate is settled.
When Should You Update Your Lasting Power of Attorney (LPA)?
Unlike a Will, which only takes effect after your passing, an LPA is crucial for decision-making while you’re alive but unable to manage your affairs due to illness, accident, or incapacity.
Here are key scenarios where you should review and update your LPA:
1. Your Attorney Can No Longer Act
If your appointed attorney:
❌ Passes away
❌ Loses mental capacity
❌ Moves abroad
❌ No longer wishes to act as your attorney
Then your LPA may become invalid or ineffective, and a new attorney should be appointed.
👉 Read our blog on choosing the right attorney to ensure your decisions remain in safe hands.
2. You Want to Change or Add Attorneys
You may wish to add additional attorneys or change your existing ones if:
✔ Your relationship with an attorney has changed
✔ You’ve remarried or divorced
✔ You want a more experienced or younger attorney
Updating your LPA ensures that the people making decisions for you still reflect your wishes and best interests.
3. Changes in Health or Living Arrangements
If you’re diagnosed with a progressive illness (e.g., dementia) or move into a care home, you may want to:
- Update your LPA to reflect new healthcare preferences.
- Ensure your financial LPA includes authority for care home fees.
- Include specific medical instructions for life-sustaining treatment.
💡 Want to protect your home and assets? Explore our Protective Property Trusts to safeguard your estate.
4. Changes in the Law
Legislation affecting LPAs, inheritance tax, and care fees can change. If new laws impact your estate, reviewing and updating your LPA and Will ensures compliance and tax efficiency.
Keep up to date with the latest estate planning laws by following our blogs and guides.
How to Update Your Will & LPA
Updating Your Will
To update your Will, you can either:
1️⃣ Make a Codicil – A small legal amendment (used for minor changes).
2️⃣ Write a New Will – Recommended for significant updates.
Updating Your LPA
Since you cannot amend an existing LPA, you’ll need to:
✔ Create a new LPA
✔ Register it with the Office of the Public Guardian (OPG)
✔ Inform relevant parties of the update
Need expert guidance? Contact us today to update your Will or LPA with professional legal support.
Final Thoughts: Keep Your Estate Plan Up to Date
Your Will and LPA are among the most important legal documents you will ever create. Regular updates ensure that they continue to reflect your wishes and protect your loved ones. Whether you’ve had a life change, financial shift, or legal update, now is the time to review your estate planning documents.
📞 Need help updating your Will or LPA? Speak to our estate planning specialists at Town & Country Law today—Book a free consultation.