Does a Will Expire UK (2026)? How Long Is a Will Valid?

No — a will in England and Wales has no expiry date and no time limit. Once a will has been validly executed in accordance with the Wills Act 1837 (signed by the testator in the presence of two independent witnesses who also sign), it remains in force indefinitely. There is no need to renew, re-sign, or reregister a will to keep it valid. A will written in 1990 is just as legally valid today as one written last week — provided it was correctly executed at the time. The key practical implication: a will does not become invalid simply because time has passed, because circumstances have changed, or because the estate has grown or shrunk. The will continues to govern the disposal of the estate regardless of how long ago it was made. However — and this is crucial — a will that was legally valid when written may no longer reflect your wishes, may no longer be tax-efficient, may name people or assets that have changed, and may be missing provisions that are now important. A will can be valid but badly out of date. The legal answer ('the will is valid') and the practical answer ('the will may not do what you want') are different questions. The circumstances that CAN affect a will's validity or effectiveness: (1) Marriage or civil partnership: automatically revokes the entire will (see below); (2) Divorce or dissolution: automatically voids gifts to the former spouse and their executor appointment, but does NOT revoke the rest of the will; (3) Death of a beneficiary: the gift may lapse (fail) unless there is a substitutionary gift in the will; (4) Death of the executor: another executor can apply for administration if there is no surviving or willing executor; (5) Destruction by the testator: a will deliberately destroyed by the testator with the intention of revoking it is revoked.

Yes — marriage or civil partnership automatically and completely revokes any existing will: (1) The legal rule: under Wills Act 1837 s.18 (as amended by Administration of Justice Act 1982), marriage or civil partnership revokes any will made before the marriage or civil partnership. This is a complete revocation — the entire will is revoked, not just the provisions for the new spouse; (2) Effect: if you had a will leaving your estate to your children and then married without making a new will, your old will is void. If you die without making a new will after the marriage, you die intestate. Under the intestacy rules, your new spouse receives the entire estate (if no children) or the statutory legacy (£322,000 as of 2024, with residue split between spouse and children) — which may not match your intentions; (3) Exception — will 'in contemplation of marriage': a will may expressly state that it is made in contemplation of marriage to a specific named person. Under WA 1837 s.18(3), such a will is NOT revoked when that marriage takes place. The named spouse must be the specific person named — it does not extend to a later different marriage. The contemplation clause must be express in the will itself. This exception is rarely used in practice; (4) Civil partnership: the same rule applies on formation of a civil partnership (Civil Partnership Act 2004 schedule 4, para 7 amended WA 1837 s.18 accordingly); (5) Cohabitation does NOT revoke a will: simply moving in with a new partner, however long the relationship, has no effect on a will. Only marriage or civil partnership triggers the automatic revocation; (6) Practical advice: make a new will as soon as possible after getting married or forming a civil partnership. This is one of the most commonly overlooked post-marriage tasks — and one of the most legally important.

No — divorce does NOT revoke a will in England and Wales. However, it does have a significant partial effect on a will made before the divorce: (1) What divorce does: under Wills Act 1837 s.18A (inserted by Administration of Justice Act 1982), when a marriage ends in divorce (or a civil partnership ends in dissolution), any gift in a will made before the divorce to the former spouse is treated as if the former spouse had died on the date the marriage ended. Similarly, any appointment of the former spouse as executor, trustee, or guardian is treated as lapsing. The rest of the will stands — it is not revoked; (2) Practical effect: if your will before divorce left everything to your ex-spouse with no alternative gift ('if my spouse predeceases me, to my children'), the residuary gift fails and falls on intestacy. If your will included a substitutionary gift, that gift takes effect; (3) What s.18A does NOT do: s.18A only applies to wills made BEFORE the divorce. A will made after the divorce is unaffected — all its provisions stand as written; (4) Separation is not divorce: legal separation or physical separation has no effect on a will at all. If you are separated but not divorced, your will stands in its entirety — the separated spouse remains entitled to everything under the will; (5) The critical lesson: do not rely on s.18A as your estate plan. It is a safety net, not a proper plan. The section cannot: create a new beneficiary; appoint a new executor; set up a guardian for your children; or ensure your estate passes in a tax-efficient way. Make a new will immediately after divorce; (6) Contrast with marriage: marriage revokes the entire will. Divorce only partially modifies it. The asymmetry is legally important.

If you want to revoke an existing will, there are three recognised methods in England and Wales: (1) Making a new will: the most common method. A properly executed new will containing a standard revocation clause ('I hereby revoke all former wills and testamentary dispositions previously made by me') revokes all prior wills on execution. This is the recommended approach — you revoke the old will and replace it with a new one simultaneously. You do not need to physically destroy the old will (though it is good practice to do so or to mark it as revoked); (2) Physical destruction by the testator: under WA 1837 s.20, a will is revoked by the testator burning, tearing, or otherwise destroying it, with the intention of revoking it. Both elements are required — physical destruction AND the intention to revoke. Key points: (a) the destruction must be by the testator personally, or in their presence and by their direction; (b) accidental destruction (fire, flood, loss) does NOT revoke the will — you can apply to the court to admit a copy or evidence of the will's contents; (c) partial destruction (tearing off your signature) may revoke the whole will; (d) destroying a will without making a new one means you die intestate; (3) Formal deed of revocation: a signed and witnessed deed (meeting the same execution formalities as a will) expressly revoking the will. Rare in practice but valid. Used when someone specifically wants to die intestate and wants a formal record of the revocation. You should: (a) ensure all copies of the old will are destroyed or clearly marked revoked; (b) notify your executor and anyone with a copy; (c) if the will is stored with a solicitor or the Probate Registry/National Will Register, arrange for it to be withdrawn or updated.

A will does not expire, but it should be reviewed and updated whenever your circumstances change significantly. Trigger events that should prompt an immediate will review: (1) IMMEDIATE ACTION REQUIRED — Marriage or civil partnership: your existing will is automatically revoked. Make a new will immediately; (2) IMMEDIATE ACTION — Divorce: although s.18A provides some protection, make a new will immediately. Review executor, beneficiaries, guardian, and IHT planning; (3) IMMEDIATE ACTION — Birth or adoption of a child: appoint a guardian; set up a minor's trust; ensure RNRB applies (home to direct descendants); (4) HIGH PRIORITY — Significant change in assets: major house purchase or sale; large inheritance received; business sale or acquisition; pension drawdown; (5) HIGH PRIORITY — Death of a beneficiary or executor: lapsed gifts and executors who predecease leave gaps in the estate plan; (6) HIGH PRIORITY — Cohabitation or new relationship: cohabitants have no automatic inheritance rights. If your new partner is not in your will, they receive nothing under intestacy; (7) HIGH PRIORITY — Moving abroad or acquiring overseas assets: jurisdictional issues; foreign wills may be needed for overseas property; (8) ROUTINE REVIEW EVERY 5 YEARS: even without a major life event, a 5-year review catches: IHT threshold changes (NRB frozen; RNRB; April 2027 pension changes); changes in law (intestacy reform; Inheritance Act); executors' circumstances changing; children growing up (trusts may no longer be needed; children of beneficiaries now alive); capacity concerns for ageing testators; (9) Practical cost: updating a will is low-cost and straightforward. A WillSafe UK will from £35 can be made whenever circumstances change. There is no reason to delay. The cost of an out-of-date will — disputes, incorrect beneficiaries, failed IHT planning, lapsed guardian appointments — far exceeds the cost of a simple update.