7 reasons you need to review your will before going on holiday

If you've got a honeymoon, family holiday or work trip coming up, it may be worth checking whether you have a valid will in place.

While reviewing or creating a will probably isn't the first thing you think of doing before going on a trip, it may be worth the extra admin in case the worst happens while you are away.

A will can explain who should inherit your assets after you die, name a guardian for your children and set up trusts to provide for your family. 

Here, Which? reveals the seven reasons why you might need to review or create a will before you go away this summer.

• Are you making a will? Write your will easily online with Which?. You can even get your documents reviewed by our specialists so you know they are legally binding.

1. You're heading on your honeymoon

If you’ve just tied the knot, then your existing will may no longer be valid. 

In England, Wales and Northern Ireland, getting married or forming a civil partnership revokes a pre-existing will.

This means if you have recently married or remarried, you should consider making and signing a new will, especially if you have children from a previous relationship.  

It’s possible to avoid this by making a will ‘in contemplation’ of a forthcoming marriage or civil partnership.

In Scotland on the other hand, prior wills are not automatically invalidated by marriage, so if you die, your new spouse may not inherit anything if your old will does not include them.

• Find out more: how to make a will

2. You're heading on a solo trip after a divorce

While marriage or civil partnerships revoke existing wills, divorce doesn’t. 

However, your former spouse is treated as though they are deceased, which means you won’t be able to name them as either an executor or a beneficiary unless you create a new will.

This means if you leave everything to your ex, and no other beneficiaries are named, then your estate would be dealt with as if you had died without a valid will in place, and will be divided according to the rules of intestacy. 

Meanwhile, unmarried partners aren't entitled to anything from your estate, no matter how long you've been together. So if you’ve recently split up with your partner and you were unmarried, you may not need to update your will unless they’re specifically mentioned.

3. You've just become a new parent

Making a will allows you to appoint guardians for your children. 

If these plans aren't outlined in a will, and both parents are deceased, your local authority or the courts may be left to decide who should look after your children.

If you have step- or foster children, they will not automatically inherit from your estate unless you specifically include them in your will. 

• Find out more: reasons to make a will

4. You've become a new grandparent

If you’ve named existing grandchildren in a will, you might need to check that any new grandchildren will be included.

For example, if you specified that you wish to leave £10,000 split evenly between your grandchildren, Sarah and Lewis, any future grandchildren born later will be excluded, because they’re not named.

• Find out more: how to make a will for free

5. You've just bought a new home

If you own your home outright, you can name a new owner in your will, and the title will pass to that person when you die. However, it's more complex if you own your property with someone else. 

In England, Wales and Northern Ireland, property can be held in two ways:

• If your property is held in a joint tenancy, your half of the property will pass to the surviving joint tenant automatically.
• If your property is held in a tenancy in common, you can leave your share of property to someone else in your will. They will then become a tenant in common with the other owner of your property.

In Scotland, this terminology isn't used. Instead, the ownership structure is written on the title deed, and owners can include a survivorship clause to say what happens when one person passes away.

If there is an outstanding mortgage on your property, your heirs will need to make new arrangements with the mortgage lender to either repay the loan or remortgage the home.

• Find out more: 5 will myths busted

6. You've got a new pet

Many people care for their pets like members of their family. Within your will, you can leave the care of your pets to a specific person, although it's worth checking with them beforehand to ensure they'd be willing to take on the responsibility.

If you have specific instructions for caring for your pet, you can also outline these and put some money aside to feed them and look after their health.

7. You've not reviewed your will for awhile

We recommend reviewing and updating your will (if needed) every three years, or after a life-changing event such as having a baby or getting married. 

This allows you to think about whether the people you've nominated to look after your children are still suitable, and whether your instructions still reflect your family's situation.

Although this won’t be a priority to do before you head on holiday, it’s worth putting some time in your calendar for when you get back from your trip.

• Find out more: the six mistakes that could invalidate your will

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How to update an existing will

You can’t amend your will after it has been signed and witnessed, but you can make official alterations with what’s known as a codicil. 

This must be witnessed and signed in the same way.

A codicil is appropriate for something simple like changing your executor, and there are no limits to the number of times you can add one. 

But it shouldn’t be used for major changes – for example, removing a beneficiary. In these situations, it’s best to draw up a new will.

Otherwise, the original will and codicil both become public when you die, which could lead to family disagreements.

How much does a new will cost?

You can write a will yourself. This is the cheapest option, but only suitable if your will is very simple. It could cost as little as £10 for a basic template. 

Alternatively you could use a will-writing service.  Costs can start from £80 rising to a few hundred pounds.  This is a good middle ground and cheaper than a solicitor, but make sure your will-writer you choose is recognised by a regulatory body within the industry, or by a regulated individual, like a solicitor. 

The best option for those with complex circumstances as the solicitor will write the document for you and make sure everything is in order. Costs start from around £500, but they’ll usually store the will for you for free. Make sure the solicitor is regulated by the Solicitors Regulation Authority (England and Wales), the Scottish Law Society, or the Northern Ireland Law Society. 

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rite your will easily online with Which?. You can even get it reviewed by our specialists to make sure it’s completed correctly.

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