One in 10 unaware their will is invalid: what you need to know

One in 10 are unaware their will is invalid, according to new research from wealth management firm Charles Stanley.

You might assume writing a will is a one-off task, but certain life events can automatically revoke it, and changing circumstances mean a will made years ago might no longer reflect your wishes.

Here, Which? explains why your will could be invalid and how to update it for free.

When your will becomes invalid 

Charles Stanley found that 9% of people with a will have since married – an event that automatically revokes a will in England, Wales and Northern Ireland, leaving any previous versions null and void.

Even if your will remains valid, it may no longer match your intentions. One in seven respondents said they’ve had a child since they last updated their will, while one in six had bought property.

If your will is invalid or out of date, your estate will be distributed according to intestacy rules, which may mean your assets don’t go to the people you intended.

• Find out more: ​more people are dying without a will – what you need to know​​​

How often should you review your will?

We recommend you review your will every three years to make sure it reflects your current circumstances and wishes.

You should also review it after major live events, such as:

• getting separated or divorced
• getting married
• having children
• moving house
• if an executor dies.

Certain life events automatically affect your will. In England, Wales and Northern Ireland, getting married or entering a civil partnership automatically revokes a will. 

Marriage doesn't revoke a will in Scotland. Under Scottish law, getting married gives your spouse legal rights to part of your estate.

If you get divorced, your former partner is treated as if they’re deceased, meaning you can’t name them as either a beneficiary or executor unless you write a new will. This applies in England, Wales, Northern Ireland and Scotland.

Regularly reviewing your will also means you’re more likely to notice mistakes or physical damage that could render it invalid.

• Find out more: 6 mistakes that could invalidate your will

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How to make changes to your will

Once your will has been signed and witnessed, it can’t be altered directly – but you can make official amendments using a codicil.

A codicil is a separate document used to make simple updates, such as changing an executor or adding a beneficiary. It must be signed and witnessed in the same way as your will.

For more significant updates, it’s usually best to write a new will. 

Your new document should state that it revokes all previous wills and codicils, and you should destroy any older versions.

• Find out more: reasons to write a will

How to update your will for free this autumn

Updating your will doesn’t have to be costly – several schemes offer free wills written by solicitors or will-writing services. You can also use these to update an existing simple will. 

Free Wills Month

Free Wills Month runs in October and March each year. People aged 55 or over can get a simple solicitor-drafted will or pair of mirror wills for free.

You can also update an existing simple will.

The scheme takes place across the UK, but different areas participate in different months, and there may not be a solicitor in your area.

Participating solicitors are listed at freewillsmonth.org.uk. Enter your details on the website to find solicitors in your area.

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

Will Aid

Will Aid offers free appointments with solicitors throughout November. Participating lawyers will waive their fee for a simple will, a pair of basic mirror wills or for updating a simple will.

You explain the changes you need to make when you set up the appointment with your chosen solicitor, and they'll advise you on how to proceed.

The scheme runs across the UK, and the list of participating solicitors is currently live at willaid.org.uk. Enter your postcode to find local solicitors and book a place.

Octopus Legacy

Estate planning firm Octopus Legacy offers people in England and Wales the chance to write or update their will for free twice a year, in the spring and autumn.

If you write your will for free with Octopus Legacy online, you’ll be automatically signed up to its update service. This allows you to make unlimited changes to your will for a year. 

You’ll be charged £10 a year after the first year, so you’ll need to remember to cancel your subscription if you don’t want to pay.

Other ways to change a will

If you're not eligible for these schemes but don't want to fork out for solicitors' fees, you could consider a will-writing service.

Some services, such as Farewill and Octopus Legacy, operate on a subscription model, where you can make unlimited changes for a fixed annual fee.

Which? Wills offers codicils from £39 or £59 with a legal review. You can write a will from £99, and until 31 October you can get 30% off a will with review.

If you have a complex estate and need to make significant changes to your will, you'll likely need to create a new one and should consider speaking to a solicitor.

Wills made easy

Get 30% off wills with Which? You can even get it reviewed by our specialists to make sure it’s completed correctly.

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Offer ends 31 October 2025