Part 1 of our Will Drafting Advice explained the importance of making a Will, as well as the requirements and process of doing so. This article will go through what you should do after signing, keeping your Will updated, and practical steps to reduce disputes.
Written by Aurora Chan, Legal Assistant
Steps After Execution
Once your Will has been validly executed, there are still several considerations to ensure that it can be administered smoothly.
Storing your Will Safely
It is very important to keep the original copy of the Will in a safe place. The Probate Registry in England and Wales will only accept the original, wet-ink signed Will when applying for a grant of probate. Scans, photocopies, or photographs are not legally sufficient. If the original is lost, a fresh Will must be executed.
However, avoid storing it too securely or secretively, as difficulties will arise if the Will cannot be found. Instead, you should let your executors know about the Will and where the original copy is kept so they can locate and access it promptly upon your passing.
Registering your Will
There is no legal requirement in the UK to register a Will with the government. Some individuals choose to register their Will with the National Will Register. However, in practice, this step is not strictly necessary if your executors are aware of the Will and can locate the original copy.
Maintaining an Asset Log
It is advisable for you to maintain a private, up-to-date record of all your assets and liabilities. This will assist your executors in locating all your assets such as bank accounts, investments, insurance policies, and so on.
Without such a record, administration can be time-consuming and cumbersome, as executors may need to contact a wide range of financial institutions to find your accounts.
The contents of the log can be kept confidential during your lifetime to protect your privacy but executors should be able to access it after you pass.
Reviewing Your Will and When to Make a New Will
Wills should be reviewed periodically and particularly after significant life events, which may include:
Marriage or Civil Partnership
Wills are automatically revoked upon marriage or civil partnership unless specifically stated otherwise within the Will. Even then, such provisions are only valid if made in contemplation of marriage or civil partnership to a particular individual.
Divorce or dissolution of civil partnership
Gifts or appointments of a spouse or civil partner are nullified upon divorce or dissolution, as if that person had predeceased you. The remainder of the Will remains valid, but the substantial contents of the Will may be changed, thus requiring review.
Birth of children
Many individuals intend to pass their estate to their children, so it is important for Wills to be updated to prevent unintentionally excluding a child. Grandchildren should also be considered, as they may automatically inherit if your child predeceases you. Additionally, stepchildren should especially be taken into consideration as they do not automatically inherit unless adopted or expressly provided for.
Relationship breakdown
If your relationship with your beneficiaries deteriorate, you may wish to reconsider their entitlement. Similarly, hostile relations between executors or beneficiaries could increase the possibility of disputes and make administration difficult, thus requiring reconsideration of gifts and appointments. It is especially important to ensure executors are capable of cooperating effectively.
Reconciliation
Alternatively, if you had previously left out a particular person due to estrangement but subsequently reconcile, you may wish to revise your dispositions accordingly.
Substantial change in financial circumstances
Acquisition of significant assets such as new properties or business interests may warrant restructuring of your division of assets. Conversely, acquiring considerable debt may render previous gifts impractical or ineffective.
Death of a beneficiary or executor
Even where substitution clauses exist, it is best for the sake of clarity to make a new Will rather than relying on layered provisions.
Changes in specific gifts
If you have left a specific asset (such as a certain car or piece of jewellery) and subsequently dispose of it, the gift will fail by ademption. You may wish to revise or replace that legacy.
Change of name
If you or your beneficiaries change your names, it may be appropriate to execute a codicil or create a new Will to prevent misidentification. Previous names should also be recorded in the Will for clarity, especially where assets are held under a different name.
Change of address
Contrastingly, a change of address does not require amendment to the Will. Addresses should only be accurate as at the date of execution.
If you are contemplating updating you Will, it may be helpful to consult a solicitor for more tailored advice.
How to Minimise Disputes
Contentious probate proceedings are expensive, time-consuming, and emotionally burdensome. Aside from ensuring the requirements set out in the previous article are followed, careful and prudent planning can significantly reduce the risk of future litigation and spare your loved ones from unnecessary distress.
Identify potential claims
Before making a Will, you should consider all the individuals who may expect to receive a gift from your estate. This is especially important for those who are financially dependent upon you, as they may apply to the court for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 if they feel they have not been adequately provided for.
Anticipate challenges
You should also consider any individuals who may dispute your Will. Common sources of such concerns are estranged family members and former spouses.
Should you anticipate such challenges, it is advisable to prepare a written declaration made at the same time as your Will explaining your reasons for excluding a person who may expect to inherit. This document should be retained with the Will and produced in case of a dispute. It will serve as evidence that you have considered the individual’s claim and made a deliberate decision to exclude them.
Record your rationale
In general, it may be prudent to make a written statement explaining your choices in how you have distributed your estate to minimise the risk of confusion or challenges. It further evidences testamentary capacity as it demonstrates understanding of your estate and the consequences of your decisions.
Open communication
Finally, where appropriate and safe to do so, you should discuss your will and your division of estate with your beneficiaries and all the individuals who may expect to inherit from you. This can reduce the risk of surprise-based disputes. While such conversations are not always possible, transparency can be an effective preventative measure.
How We Can Help
We can provide comprehensive Will drafting services from initial planning to post-execution considerations, including:
- Review existing Wills to assess risks and the need for updates
- Advising on Will revisions upon significant life events
- Preparing declarations and provisions in the Will to reduce the likelihood of contentious probate claims
- Advising on practical estate administration considerations
- Providing secure storage and internal records of your Will
Our Will drafting services are fully regulated and we are accredited under the Wills and Inheritance Quality Scheme, reflecting our commitment to the highest professional standards.
Visit our Wills and Probate page here.
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