The 3 Most Important Reasons to Write or Change Your Will

At NameSwitch, we specialise in all things name-change and help thousands of people swiftly and easily navigate their name-change journey each year. But with a new name also comes other considerations, such as having an up-to-date will that reflects your official new name (although not essential, it will eliminate any confusion and hassle down the road), as well as your new marriage or partnership status and/or your growing family.

All too often, we feel daunted by tedious and mundane admin work, and tasks such as officially changing your name or updating your will creep further and further down the to-do list. But here at NameSwitch, we have made it our mission to help you through the name-change maze with ease and our friends over at Octopus Legacy, the leading estate planners, have a similar mission of helping you to create your legacy. Not only will this make life easier for the people you leave behind, but it can even be a way of connecting you to the people you love.

Important Reasons to Write or Change Your Will

Major life events, such as getting married or entering a civil partnership, getting divorced or growing your family are distinct catalysts for change and having an up-to-date estate plan in place is key. This process can be overwhelming so starting by writing or updating your will is usually the best place to start. Let’s go over each of these events and break down why it is important to write a new will or update your will for each scenario.

If you fit into one of these stages, learn how to claim your free will with Octopus Legacy – for a limited time only! Offer ends March 31st, 2025.

Your Will & Getting Married or Entering a Civil Partnership

Marriage or entering into a civil partnership is a huge life event! If you have recently wed or are in the midst of planning your nuptials, it is important to know how it affects your will.

So, how does marriage affect the will that you currently have? In England and Wales, any legally valid will you made before getting married becomes void unless it specifically references your upcoming marriage.

In this case, you would die ‘intestate’. Dying intestate means that the law would determine where your assets end up, which could affect the guardianship of any children you have under the age of 18. This is why it’s a good idea to update your will after you get married.

And what happens if you don’t have a will upon getting married or entering into a civil partnership?. Without a will, your estate is distributed in accordance with the laws of intestacy. This can make things complicated if the law doesn’t match exactly what you want.

It’s always a good idea to have a will in place after marriage to help protect your wishes.

Getting Divorced & Will-Writing

Divorce is undoubtedly a major change in your life, and it’s important to update your will (or write one for the first time) to reflect your new circumstances.

What happens if you don’t have a will post-divorce? If you don’t have a valid will in place, the law actually decides where your assets go, which may or may not align with your wishes. If you’re in the process of separating but haven’t yet divorced, everything may still automatically go to your ex-partner.*

If you are divorced and die without a will, your estate could pass to your children, parents, or other relatives by default, leaving out those you want to provide for, such as a new partner or close friends. A will also allows you to name a guardian for your children, appoint a trusted executor, and protect your financial legacy. Essentially, writing a will after a divorce gives you control over your future and peace of mind for those you care about.

If you have a will in place already, it is often assumed that it will be revoked after you get divorced, but this isn’t the case. Your most up-to-date signed and witnessed will is technically still valid; however, legally, your ex-spouse is treated as if they had died on the day the marriage legally ended.

Anything you had left to your ex-spouse in your will goes to the backup beneficiaries you included in your will for their share. If there are no backup beneficiaries, whatever you left to your ex-spouse is distributed using the rules of intestacy, where the law essentially decides who gets what, and how much they get. This can mean some of your nearest and dearest could miss out.

It’s best to rewrite your will, making sure it is up-to-date according to your wishes post-divorce.

*If you are separated from your partner without having divorced or legally separated and you also have children, your ex-partner will get all of your personal property, the first £322,000 of your estate and half of the remaining estate, while your children would get the second half of your remaining estate. If you are separated from your partner without having divorced or legally separated but don’t have any children, then the entirety of your estate will pass to your ex-partner.

A Will for Your Growing Family

If you have children, it’s important to have a will as it’s where you officially choose who would be guardians for your children under the age of 18. Guardians are responsible for looking after your children and raising them if anything were to happen to you and any co-parents. Because of this, clearly defining your wishes is essential.

It can be important to review and, if needed, update your will regularly, to ensure peace of mind that the guardians you chose are still appropriate and able to care for your children if something were to happen.

The government recommends that you update your will every five years, or any time you experience a major life change. So,if you have an existing will, it’s important that you keep reviewing your will and check if it needs to be rewritten in case your circumstances have changed. If it does need to be updated, or if you don’t have a will at all, let Octopus Legacy help you to tick it off your list.

How Do I Write or Update My Will?

For a limited time only, it’s even easier to tick writing or updating your will off your to-do list.

Our partner and leading estate planners Octopus Legacy have teamed up with charities across the UK so that you can write or update your will for free until March 31st, 2025.

You can write your will in whatever way suits you best: online, over the phone or face-to-face.

The cost of the will is covered by whichever charity you choose. Many choose to leave a gift to charity as a thank you, but it isn’t required. Last autumn, this campaign raised an incredible £9.9 million in estimated income for charities in just 2 months through gifts in wills.

Get started writing your will for free here!