When to Make a Will UK (2026): 10 Trigger Events That Mean You Need One Now

The simplest answer is: make a will as soon as you are an adult with any assets, any relationship, or anyone who depends on you. There is no 'too early'. A will made at 25 and kept up to date is far better than a will made at 65 under time pressure. But the most important trigger events that make making a will immediately necessary: (1) THE DAY YOU START COHABITING (living with a partner without being married): an unmarried partner has NO right to inherit anything under the intestacy rules, regardless of the length of the relationship, regardless of joint assets, regardless of children together. There is no concept of 'common law marriage' in England and Wales. If you move in together without making a will, your partner is financially unprotected; (2) THE MOMENT YOU HAVE A CHILD: a will is the ONLY legal mechanism to appoint a guardian for a minor child under Children Act 1989 s.5. Without a guardian appointment, the court decides who cares for your children if both parents die. In addition, the intestacy rules vest money in a statutory trust until 18 — a will lets you choose the vesting age and the trustees. Making a will should be on the list alongside registering the birth; (3) WHEN YOU BUY PROPERTY: a property purchase may be the first major asset in your estate. Without a will, that property passes under intestacy — which may not align with your wishes, particularly if you are buying with a partner to whom you are not married. The practical risk: buying a house with a cohabiting partner without a will leaves each partner's share to go to their respective families under intestacy rather than to the surviving partner; (4) WHEN YOU START A BUSINESS: a sole trader or business partner without a will leaves their business interest in the hands of the intestacy rules. The administrator (court-appointed) may have no business knowledge and no authority to continue trading. A will with express executor powers to continue the business, and clear provisions on the fate of the business interest, is essential.

Yes — marriage AUTOMATICALLY REVOKES an existing will under Wills Act 1837 s.18. This is one of the most important and most frequently overlooked rules in will law: (1) THE RULE: when a testator marries, any existing will they made before the marriage is automatically revoked in its entirety. The will ceases to exist as a legal document on the day of the marriage. If the testator then dies without making a new will, they die intestate — as if they had never made a will at all; (2) WHY THIS MATTERS: many couples make wills before marriage — often when they start living together or when they have children. If they marry and do not update their wills, those pre-marriage wills are gone. The estate passes under intestacy (AEA 1925), which may produce a completely different result; (3) EXAMPLE: Alice made a will in 2020 leaving everything to her partner Bob and appointing him as executor with a guardian clause for their children. In 2024, Alice and Bob married. Alice's 2020 will is automatically revoked at the moment of marriage. If Alice dies in 2025 without making a new will, her estate passes under intestacy — Bob receives the statutory legacy (£322,000) + half the residue; the other half goes to the children. The guardian clause from the 2020 will no longer exists; (4) EXCEPTION — CONTEMPLATION OF MARRIAGE (WA 1837 s.18(3)): a will made 'in contemplation of a particular marriage' is NOT revoked by that marriage if the will expresses that it is made in contemplation of the marriage. This exception requires explicit wording in the will and clear identification of the intended spouse. A will that says 'I make this will in contemplation of my forthcoming marriage to [Name]' will survive the marriage. This provision must be included when the will is drafted — it cannot be added retrospectively; (5) ACTION: make a new will immediately after marriage, or review and update your existing will before the ceremony and ensure it contains contemplation of marriage wording if you want it to survive.

Divorce does NOT revoke an existing will — but it does void specific provisions relating to the former spouse: (1) THE RULE (WA 1837 s.18A): on divorce (or annulment of a marriage, or dissolution of a civil partnership), any gift in the will to the former spouse and any appointment of the former spouse as executor or trustee is treated as if the former spouse had died on the date of the decree absolute. The rest of the will remains fully valid; (2) EFFECT: the former spouse's gift lapses and falls into the residue. If the former spouse was the only executor, the will technically has no executor — an administrator would be appointed; (3) IMPORTANT LIMITATION — SEPARATION IS NOT DIVORCE: the WA 1837 s.18A rule ONLY applies on decree absolute (final divorce order). Separation, legal separation, or pending divorce proceedings do NOT affect the will. If you are separated but not yet divorced and you die, your separated spouse inherits as if nothing had happened; (4) PRACTICAL ADVICE: do NOT wait for the decree absolute to make a new will. Make a new will as soon as you decide to separate, at minimum. The will can be revoked before the divorce is final. The period of separation before decree absolute can be dangerous — the will you made when married may still be in force; (5) EFFECT ON LPAs: divorce does NOT automatically revoke an LPA. Under the LPA regulations, divorce revokes the appointment of the former spouse as ATTORNEY only if the LPA was made before the divorce and the attorney is the ex-spouse. Some LPA forms expressly provide for what happens on divorce. Review LPAs as well as wills on divorce; (6) REMARRIAGE: if the divorced testator remarries, the new marriage revokes any will made since the divorce (WA 1837 s.18). A clean slate is needed after each marriage.

Beyond the major triggers (cohabiting, children, property, marriage, divorce), the following events should prompt an immediate will review or new will: (1) DEATH OF AN EXECUTOR OR BENEFICIARY: if your named executor has died, your will needs a new executor appointment — without one, an administrator must be appointed by the court. If a significant beneficiary has died, the lapse rules apply and the gift may not go where you intend. Update the will; (2) SIGNIFICANT CHANGE IN ASSETS: acquiring a business; large inheritance; significant property purchase; or conversely, selling the family home. The will should reflect your current asset position; (3) HAVING ADDITIONAL CHILDREN OR GRANDCHILDREN: a will that predates a later child may not treat all children equally unless it uses a class gift ('to all my children equally') or is reviewed and updated; (4) CHANGE IN RELATIONSHIP WITH A BENEFICIARY: falling out with a named beneficiary; a beneficiary becoming vulnerable, bankrupt, or incapable; a beneficiary moving abroad. Update the will to reflect the changed relationship; (5) IHT THRESHOLD CHANGES: the NRB (currently £325,000, frozen to 2030) and RNRB (up to £175,000) interact with estate values. A will that was drafted when the estate was below the threshold may need trust provisions as the estate grows; (6) BUYING OVERSEAS PROPERTY: foreign property raises domicile and conflict of laws questions. A will covering only English and Welsh assets may need a supplementary will for foreign assets; (7) STARTING A BUSINESS OR PARTNERSHIP: the executor needs specific powers to continue trading, sell a business interest, or exercise partnership rights; (8) REACHING A MILESTONE AGE (50/60/70+): even without specific events, a 5-yearly review ensures the will reflects current wishes; (9) A SERIOUS ILLNESS DIAGNOSIS: if cognitive decline is a future risk (dementia, MS, Parkinson's), make both a will and LPAs now. Once capacity is lost, neither can be made. There is no second chance; (10) MOVING HOME: a will may identify the family home by address — if you move, the address reference becomes inaccurate. Update to refer to 'my main home' or the new address.

Making a will does not need to take long. The time depends on the route you choose: (1) ONLINE WILL KIT (WillSafe UK): the questionnaire or template takes under 30 minutes to complete. You can download the document the same day, print it, and sign and witness it that evening. The total time from starting to having a valid signed will is under 2 hours if you have witnesses available. The WillSafe UK kit includes witnessing instructions to make the process simple; (2) ONLINE WILL SERVICE (questionnaire + drafting): typically 1-3 days for the document to be generated and sent. Some services offer same-day; (3) HIGH-STREET SOLICITOR: you need to book an appointment (1-2 weeks), attend the meeting, wait for the solicitor to draft the will (1-2 weeks), review and approve, then sign. Total: 3-6 weeks typical; (4) EMERGENCY WILL ('Anticipatory Will' or 'Deathbed Will'): a will can be dictated and witnessed even in a hospital. There is no minimum time required to make a valid will under the Wills Act 1837 — it must be in writing, signed, and witnessed by two people simultaneously. If you are seriously ill, a solicitor can attend the hospital. A 'deathbed will' made on the same day is valid if executed correctly and the testator had testamentary capacity at the time of signing; (5) PRIVILEGED WILL: soldiers in actual military service and mariners at sea can make a privileged will — an oral or informal written will without the usual WA 1837 s.9 formalities. This is a narrow exception; (6) THE BOTTOM LINE: for most people with straightforward circumstances, a valid will can be in place within hours using an online kit. The reason most people delay is not complexity — it is procrastination. For a cohabiting couple with children, delay is a serious risk. There is no justification for waiting; (7) After signing: store the will safely (fireproof box; solicitor's safe; with the National Will Register); inform your executor of its location; review every 5 years and after every major life event.