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Failing to update a will among the most common mistakes that could leave grieving family members facing headaches, Which? finds

New Which? research reveals that many people who have made a will are making critical mistakes that could leave loved ones facing delays, disputes or unintended outcomes after their death.
6 min read

Just four in ten people (37%) have a will, and one in three (29%) have not had any discussions with loved ones about what should happen in the event of their death, according to the latest National Wills Report.

However, even among those who have prepared a will, issues with updating and storage risk causing problems further down the line, new research from the consumer champion reveals.

In October 2025, Which? surveyed 1,360 Which? Connect members about whether they have a will, how it is stored and maintained, and whether it has been updated.

Government guidance recommends reviewing a will every five years and after major life events, yet around three in five (57%) of those who have a will said they have not updated it in the past five years, according to Which?’s survey.

Regularly reviewing your will is important for a number of reasons, with certain events automatically affecting its validity.

For example, in England, Northern Ireland and Wales, civil partnership or marriage may revoke an existing will, so you’re at risk of dying intestate until a new one is made.

In all four nations, divorce treats a former spouse as though they’ve died. While the will itself remains valid, you will need to update it if you want your former spouse to remain a beneficiary or executor. Changes in circumstances may also mean your will is no longer up to date or reflects your wishes. One in six (17%) survey respondents with a will said a grandchild or great grandchild had been born since they made or updated their will, one in ten (10%) said they’d changed their mind about how they wanted their money to be distributed, and 7 per cent said a beneficiary had died since they named them in their will.

Of those who had updated their will in the last five years, more than four in 10 (44%) said they did so because they wanted to change how their estate would be distributed, highlighting how not making timely updates could have unintended consequences.

Which?’s survey also spotlighted common issues around how to safely store a will, with as many as four in ten (39%) people with a will reporting storing it at home, which could be risky in the event of theft or fire. For a fee, you can choose to store your will with a will-storage service, HM Courts and Tribunal Service in England and Wales, or the Register of Deeds in Scotland  - but many solicitors will allow you to store your will for free as part of their will writing service. 

Half (49%) of respondents to Which?’s survey who have a will reported storing it with a solicitor. Will writing is unregulated, but if your will is stored with a regulated law firm there are processes in place to protect and trace it in the event the solicitor ceases trading. If your will is stored with an unregulated will-writing firm, the situation can be more complex.

When Graham Mortimer, 73, and his wife decided to update their wills last year to include their granddaughter, they discovered that the conveyancer that was storing them had gone out of business. Graham says they tried to track down the documents, but after many unanswered emails and calls, no trace could be found. Though they eventually rewrote their wills with a solicitor, the experience left Graham frustrated. “How can you have a legal document you're trusting to someone for safekeeping just disappear?” said Graham. 

When deciding on where to store your will, you should also make sure to inform your executor where it is. One in ten (9%) survey respondents with a will said they’d failed to do this, and only one in six (17%) registered it with the National Wills Register.

It’s also essential to keep your will in good physical condition, as tears, water damage or even marks from staples or paperclips could complicate issues for your executor. One survey respondent told Which? he was questioned by the probate office about staple marks in his wife’s will after removing them to make a certified copy. Although the explanation was ultimately accepted, it created an extra hurdle at any already difficult time. 

Jenny Ross, Which? Money Editor, said:

“Once we’ve drawn up a will many of us are guilty of thinking of it as done and dusted, yet as our research shows, failing to ensure it remains up to date or properly stored could have devastating consequences for your loved ones.

“Free Wills Month is the ideal time to revisit your will, or draw one up if you’ve yet to do so. There are plenty of ways to get a simple professionally-drafted will for free or at a low cost, but take care, as will writing is an unregulated industry. Look for a service that’s recognised by a regulatory body, or is supervised by a regulated individual, like a solicitor. If your affairs are complex, you should consider using a solicitor.”

-ENDS-

Notes to editors:

Research

-  Which? surveyed 1,360 members of the Which? Connect panel. Fieldwork was carried out online between 29th October and 3rd November 2025

-89 per cent of survey respondents reported having a will. Of those, 42 per cent reported updating it in the last five years, while 57 per cent have not.

-High-res photo of case study HERE.

5 key mistakes people are making with their wills

1) Putting it off
Just four in ten people (37%) have a will, and one in three (29%) have not had any discussions with loved ones about what should happen in the event of their death, according to the latest National Wills Report.

2) Not updating it
In Which?’s survey, around three in five of those who do have a will have not updated it in the last five years. The government  recommends reviewing your will every five years and after major life events,  such as marriage or civil partnership, or the birth or adoption of a child.

3) Not making changes properly
If your will needs updating, it’s  important to follow the correct  process. Once a will has been signed  and witnessed, it can’t be altered,  and you should never amend the original document. For minor changes, such as appointing a new executor or adding  a small gift, you can use a codicil. This document allows you to make limited amendments and must be signed and witnessed in the same way as your will.

4) Not storing it in a safe place
It’s important to store your will in  a safe place, as your estate could  be treated as intestate if your will is lost or damaged. For example, four in 10 respondents with a will in Which?’s survey said they store it at  home. This avoids storage costs, but it’s important to keep it somewhere it’s unlikely to be damaged (such as in  a fireproof chest) or accidentally thrown away. If it’s kept in a safe,  your executor will need to know  the combination.

5) Not keeping it in good condition
One in five respondents with a will told Which? they don’t know what condition it’s in. While physical damage doesn’t necessarily invalidate a will, it can be interpreted as evidence of tampering or an attempt to revoke it, which could lead to probate delays or  legal challenges.

Free Wills Month

Free Wills Month runs twice a year in March and October and gives those aged over 55 the chance to have a simple will drawn up or updated by a participating solicitor for free. In exchange, it’s hoped that you’ll leave a legacy to a participating charity in your will.

-The scheme has been running since 2005 and raises around £15m of future income for sponsoring charities per campaign.

-The scheme operates in different areas in each month it runs - you can check if your location is covered on the Free Wills Month website.

-Consumers can find out more about how to draw up a free will here and more about the Which? Wills service here: https://whichwills.which.co.uk/wills/

About Which? 

Which? is the UK’s consumer champion, empowering people to make confident choices and demand better. Through our research, investigations and product testing, we provide trusted insight and expert recommendations on the issues that matter most to consumers.

Fiercely independent, we put people over profit - shining a light on unfair practices, influencing policy and holding businesses to account to make life simpler, fairer and safer for everyone.

The information in this press release is for editorial use by journalists and media outlets only. Any business seeking to reproduce information in this release should contact the Which? Endorsement Scheme team at endorsementscheme@which.co.uk.