When advising clients who have already put a Will in place on when they should review the document, we suggest that it’s worth doing at least every 5 years or as and when any significant changes to their personal circumstances occur.
Here are some of changes that should trigger you to review your Will.
Having children
Following the birth of a child, you should consider whether your Will still reflects your wishes.
- In certain circumstances, an existing Will could be set aside if a child born after the Will was signed does not feature in it. Often, professionally drafted Wills make provision for future children to avoid this risk, but the point should always be checked.
- Your children will be entitled to claim Legal Rights on your estate irrespective of the contents of your Will and so consideration should be given to this when reviewing your Will
- In a Will you can express your preference as to who you would wish to act as Guardian to any children under the age of 16.
Marriage and civil partnership
These are changes to your legal relationship with your partner and therefore affect how your assets will be dealt with if you do not have a Will in place. This may also have implications on the distribution of your estate even if you have an existing Will.
- If you do not have a Will in place it is not necessarily the case that all of your assets will automatically pass to your spouse on your death now that you are married. In certain circumstances, children or grandchildren may also inherit a portion of the estate of a parent or grandparent.
- If you do have an existing Will and your spouse does not feature in it, they will nevertheless be entitled to claim Legal Rights in your estate, irrespective of the contents of the Will.
- Assets passing to spouses receive special treatment in the context of Inheritance Tax, and so it is important to make sure you have a clear understanding of this.
- When remarrying or entering into a new partnership it is advisable to review and, if necessary, update your Will to ensure that your estate is protected for your children upon the death of your new spouse or partner.
Cohabitating
Marriage isn’t the only type of relationship in which you should consider how having a partner in your life may affect the distribution of your estate. If your partner lives with you, then your partner may elect to make a claim on your estate if you do not have a Will in place.
If you do have a Will and your partner is not provided for then (unlike a spouse) they will not be entitled to make claim on your estate and so may not inherit anything from you. Accordingly, entering into a relationship in which you live with a new partner should always prompt a review of your current arrangements to make sure that your assets are distributed according to your wishes.
Divorce and separation
Divorce and separation should trigger a review of your Will for a couple of key reasons:
- If you have provided for your former spouse in your Will then a divorce will result in your spouse being treated, for the purposes of your Will, as though they have predeceased you. Depending on the wording of your Will, this may lead to an unintended outcome.
- For a couple who have separated, but who are not yet divorced, existing Wills remain valid. This means that any provision for a spouse within your Will still stands in the meantime. In these circumstances it is therefore important to take professional advice, both in connection with your Will, and also in connection with the separation itself.
Setting up a business
Starting, or obtaining an interest in, a business should always prompt a review of your wishes upon your death to make sure that the business interest passes in accordance with your wishes and in the most tax-efficient way.
- Certain types of businesses attract relief from Inheritance Tax, however these reliefs can sometimes be limited. It is important therefore to take advice which is tailored to your individual circumstances to make sure full use is being made of the allowances available.
- Considering who you would wish to inherit your business interest is important. For example, would you want your interest in the business to pass to a spouse, a descendant, or to a business partner? Would you want it to be sold?
- Sometimes, for example with a limited company or partnership, there may be other documents which govern what is to happen if a shareholder or partner passes away. It would be important to make sure that your Will is consistent with those, if applicable.
Changes to your finances
Changes to your finances which may cause you to re-think the content of your Will include:
- A substantial increase to the value of your estate, for example through an inheritance or gift, may alter the Inheritance Tax position on your death and so you may wish to take advice to understand whether your current arrangements are the most tax efficient.
- Conversely, if your estate has reduced in value and your Will contains a range of cash legacies, you may wish to consider whether these need to be revised to reflect your change in circumstances.
- Similarly, if your Will makes reference to certain specific items (such as jewellery, cars, or belongings) which you no longer own, you may wish to consider updating your wishes.
Changes to the circumstances of your beneficiaries.
Changes to the personal circumstances of a beneficiary of your Will may necessitate a review of how you may wish them to be provided for. For example:
- If a beneficiary were to become unwell through illness or addiction, or if they were to lose physical or mental capacity, how would you wish their inheritance to be handled?.
- If a current beneficiary has passed away, what do you want to happen to that beneficiary’s share of your estate?
- If a beneficiary starts to receive funded care or benefits you may wish to consider whether receiving an inheritance on an outright basis would be beneficial to them, or whether a form of Trust might be more appropriate.
Changes to the circumstances of Executors.
Changes to personal circumstances of Executors may also necessitate a review of an existing Will.
- If someone has lost capacity, they are no longer able to act as an Executor.
- If an Executor has passed away, does your current Will appoint someone else in their place?
- If a solicitor was appointed as an Executor, are they still practising and, if not, who would you want to act in their place?
Moving from Scotland and purchasing property abroad
If you plan to move away from Scotland, or if you have purchased property abroad, you should take advice to understand whether your existing Will is suitable for dealing with your new overseas property.
- Generally, the rules in relation to inheriting land and buildings are determined by the country in which the property is located. In some cases, this may require an additional Will to be put in place in another country, but it is essential to ensure that any such additional Will is compatible with your Scottish Will.
- Some countries operate a doctrine of ‘forced heirship’, in which certain family members may be entitled to a fixed portion of someone’s estate, regardless of the terms of a Will. Making sure you have a clear understanding of this is essential.
Our experienced Private Client lawyers are well-placed to provide specialised advice on all of the above points and so if you would like to arrange a review of your Will, please do get in touch and we would be delighted to assist you.
Published 28 August 2025
